GANTI RUGI IMMATERIAL DALAM GUGATAN ATAS KETERLAMBATAN PENERBANGAN

HAYANTI, DESWINA DWI and Annalisa Y., Annalisa Y. and Samawati, Putu (2025) GANTI RUGI IMMATERIAL DALAM GUGATAN ATAS KETERLAMBATAN PENERBANGAN. Masters thesis, Sriwijya University.

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Abstract

Flight delays in Indonesia still often occur, although there are regulations that require air transport enterpreneur/airlines to provide compensation, in fact this has not been realized. Efforts made by air transport service users to fight for their rights to receive material and immaterial compensation are by filing a lawsuit in court. The purpose of this study was to determine and analyze the deternination of a lawsuit for breach of contract or unlawful acts in order to obtain immaterial compensation for flight delay cases. This study was conducted using a normative legal research method, which was analyzed qualitatively by the conclusions deductively. The findings of the study were that every flight delay must start from a flight agreement with the agreed price, agreed time/flight schedule, but not all flight delays are a breach of contract, flight delays are an unlawful act if the delay is contrary to laws and regulations, immaterial compensation can only be applied to flight delays that are included in the category of unlawful acts, the assessment of immaterial losses is carried out according to the status, position, ability and circumstances of the parties, there has been a court decision that granted immaterial compensation for flight delays of Rp50,000,000.00 (fifty million rupiah), this nominal can be used as a reference and adjusted/increased in line with the increase in airline ticket prices. Keywords: Immaterial Compensation, Flight Delays, Unlawful Acts, Breach of Contract

Item Type:	Thesis (Masters)
Uncontrolled Keywords:	Ganti Rugi Immaterial, Keterlambatan Penerbangan, Perbuatan Melawan Hukum, Wanprestasi
Subjects:	K Law > K Law (General) > K1000-1395 Commercial law K Law > K Law (General) > K2100-2385 Courts. Procedure K Law > K Law (General) > K4011-4343 Transportation and communication
Divisions:	02-Faculty of Law > 74101-Law (S2)
Depositing User:	Deswina Dwi Hayanti
Date Deposited:	18 Jun 2025 07:41
Last Modified:	18 Jun 2025 07:41
URI:	http://repository.unsri.ac.id/id/eprint/175759

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