Responsibility Of Carrier Research Articles

Civil Liability of The Air Carrier for Errors of The Aircraft Crew in Jordanian Law

The aircraft crew bears significant responsibility as they operate the aircraft in the sky, carrying numerous duties and exercising various authorities to perform their tasks effectively. The aircraft crew is obligated to fulfill their commitments towards the air carrier. Current study addresses the issues surrounding the extent of the air carrier's liability for errors committed by the aircraft crew. These errors may be personal, technical, or administrative during flight. We used a comparative, descriptive, and analytical approach to achieve the objectives of the thesis and answer its questions, which focus on defining the obligations and authorities of the aircraft crew and determining the nature of the air carrier's responsibility for errors of the aircraft crew. The key finding of study is that the Jordanian legislator has largely held the air carrier responsible for damages resulting from errors committed by the aircraft crew. Both the air carrier and the aircraft crew share responsibility for these damages towards third parties based on solidarity and mutual assistance. It is suggested to amend the text of Article (42/C) to include detailed provisions specifying the extent of responsibility for each member of the aircraft crew, the responsibility of the aircraft commander, operator, and air carrier in the face of actions leading to harm.

Tanggung Jawab Pengangkut atas Pengiriman Barang Akibat Overdimension dan Overloading dalam Kegiatan Pengangkutan Darat

In this study will analyze the characteristics of transport vehicles that carry out overdimension and overloading, as well as the responsibility of carriers who carry out overdimension and overloading for the delivery of goods in transportation activities. The approach method used in this study is the Statute Approach and the Conceptual Approach. The existence of carriers that over-dimension and overload can result in negative negative impacts, such as traffic accidents, damage to road infrastructure, the economy, to damage to goods and/or delays in delivery of goods in transportation activities. In this case, the carrier has violated the laws and regulations regarding the permissible load limit. So that the carrier bears the responsibility to provide compensation to the injured party, namely the sender or recipient of the goods.

RESPONSIBILITIES OF RAILWAY FACILITIES OPERATORS IN INDONESIA IN THE PERSPECTIVE OF TRANSPORTATION LAW

Along with the development of the transportation industry, various problems arise that result in losses for consumers. These losses can be time losses, cost losses, energy losses, and health losses. The existence of such losses raises the responsibility of the carrier to compensate for the loss. The researcher tries to analyze legal issues using legal research through two approaches, namely the statute approach and the conceptual approach based on transportation law and consumer protection law, using several laws and regulations relevant to existing legal issues. The researcher views PT KAI as the land transportation operator, including business actors and train passengers, including consumers. The relationship between PT KAI as the operator of transportation and passengers as consumers raises the carrier's responsibility to be able to fulfill the rights of train passengers as consumers. Therefore, the author will analyze the responsibilities and legal protection for the parties.

Liability of Commercial Air Transport Service Providers in the Carriage of Corpse

In general, objects in air transportation are passengers, baggage, cargo, and/or post. However, in its development, the existing air transportation also carries out the transportation of corpses. If it is related to the responsibility of the air carrier, then the position of the corpse in air transport is important to be studied in order to determine the form and limits of the air carrier's responsibility. Therefore, this study aims to discuss the position of the corpse in the law of air transportation, as well as the responsibility of the carrier in transporting the corpse by air. The method used in this research is legal research with conceptual approach, statutory approach, comparative approach, and case approach. Based on the research that has been done, it can be found that the position of the corpse in international and national air transportation law has been positioned as cargo. Consequently, the responsibility of the air carrier in the transportation of corpses is also based on the responsibility of the carrier in the carriage of cargo. This is of course inappropriate when applied to the transportation of corpses, because with such arrangements, heavier body will receive greater compensation than lighter body.
 Keywords: air transportation; corpse; responsibility; legal protection.

Tanggung Jawab Pengangkut Mengenai Pengangkutan Barang Mealui Laut

Sea transportation is the most important means of connecting one island to another in Indonesia, most of which consists of water. The obligation of the Carrier is to organize the transportation and maintain the safety of the Goods from the time they are received until they are handed over to the Recipient. From this obligation arises the responsibility of the carrier because the carrier must maintain the safety of the goods he transports, so everything that interferes with the safety of the goods he transports is the responsibility of the Carrier. This research on the responsibility of the Carrier uses a descriptive analytical research method, while the type of research is a normative research type. This research on the responsibility of the Carrier in the Transportation of Goods by the Sea is intended to answer problems regarding the system of responsibility used by the Carrier and the legal basis governing the Responsibility of the Carrier. The results of the research from the author show that the carrier's responsibility system and its restrictions cannot be separated from the provisions contained in the KUHD, especially Article 468 of the KUHD and the rules contained in the Bill of Lading.

TANGGUNG JAWAB PENGANGKUT ATAS TENGGELAMNYA KAPAL (ANALISIS PUTUSAN MAHKAMAH PELAYARAN NOMOR HK.212/01/I/MP.2020)

In Indonesian waterways, ferries are a kind of transportion used to move both people and cargo. However, as was the case with the sinking of the KMP Saluang, transportation will not always go as planned. The problems to be discussed: how is the carrier should be held accountable for the sinking of the KMP Saluang under the terms of Law No. 17 of 2008 concerning Shipping and how is the carrier accountable for compensating the owner of the goods for the sinking of the KMP Saluang. This research is descriptive in character, normative, and uses both secondary and primary data. It also employs qualitative analysis and deductive conclusion-drawing. The study's findings, analysis, and recommendations show that, in accordance with Article 41 paragraph (1) sub-b of the Shipping Law, the carrier should be held accountable for the destruction of the goods sent by the sender of the goods and temporarily revoke the Seaman Expertise Certificate for a period one month. The Presumption of Liability system should be used by the carrier's responsibility system to provide recompense to the owner of the products, although in this instance the proof was not carried out by the carrier.

Responsibilities of air carriers on international flights

In international air transportation, it is sure to talk about the responsibility of the carrier, which cannot be separate from the discussion of international agreements, namely, in this case, the 1999 Montreal Convention, which contains the issue of the responsibility of international air carriers. This study aims to determine the guilt of air carriers on international flights to passengers, shippers, and third parties in the event of an aircraft accident. The approach method used in this research is normative juridical (legal research), using legal materials as the primary material. The carrier's responsibility is based on the absolute principle; the page is responsible but is still limited by the limitation principle (the carrier's responsibility is limited to a certain amount). The airline's responsibility is based on the presumption and limitation of liability for consignments and baggage. The carrier is always considered responsible until the airline can prove that it is not guilty of the event that caused the loss. The carrier's responsibility for baggage should be absolute because, by the time the passenger brings the bags, it has passed several checks that have confirmed that the goods in the luggage are not problematic.How to cite item: Sariwati, R (2022). Responsibilities of air carriers on international flights. Jurnal Cakrawala Hukum, 13(2). 194-201. doi:10.26905/idjch.v13i2.7963.

General Review of Legal Relations and Responsibility of Carriers in Sea Transportation

The issues raised in this journal are about how the responsibility of the carrier in the implementation of the transport of goods through water transport, especially sea transportation. This is intended to determine the role that must be done by the carrier in the transportation process in order to achieve the maximum goal. This study also describes how the legal relationship between the carrier and the user of the freight service so that both parties can bind each other in the process of transportation so that there is no loss or other undesirable things. It can be deduced that in a transport of goods carried by the carrier through water transport is the responsibility of the carrier if someday there is a loss or bad things during the transportation process. Therefore, it is necessary full sense of responsibility from the carrier and also the legal relationship between the carrier and the user of the transport service to ensure the safety of the goods he was transporting until the goods arrived at the destination. There should also be a loss if an accident is found on the goods being transported.

RELEASE AND DISCHARGE AGREEMENT IN THE COMPENSATION SETTLEMENT BY AIRLINES COMPANY (A NATIONAL AND INTERNATIONAL LAW PERSPECTIVE)

This paper analyses the rules and implementation regarding the Release and Discharge Agreement in the compensation settlement process by airlines company based on national and international law. The results show that this release and discharge agreement is not per Article 186 of the Aviation Law, which regulate that the carrier as a business actor is prohibited from making special agreements or requirements that negate the carrier's responsibility or determine a lower limit than the current compensation limit. According to international law, this release and discharge agreement does not follow Article 26 of the 1999 Montreal Convention, which regulates that airlines companies are not allowed to form contracts that may reduce or eliminate the amount of liability. Hence, obstacles arise in the ccompensation settlements when using Release and Discharge Agreement documents, the method of airline liability, and proving the cause of the accident to exclude the payment of compensation settlements to passengers. It is recommended to improve the rules related to the carrier's responsibility to ensure that passengers could get their rights according to the provisions contained in the legislation and maximize the implementation of international conventions related to aviation that have been ratified into national regulations. Keywords: Compensation, Liability, Release and Discharge Agreement, Airline Company, Passenger.

RESPONSIBILITY OF CARRIER AGAINST THE OWNER OF GOODS DUE TO ACCIDENTS IN SEA TRANSPORTATION

<p class="BodyAbstract">Sea transportation has an important role in the development of the community because the flow of goods and the traffic of people (passengers) by sea can run smoothly. With the smooth traffic of goods and passengers, this certainly makes it easier for people to meet their needs. Sea transportation activities are inseparable from the risk of unexpected events, one of which is ship accident. Based on this background the authors are interested in conducting research with the title "Responsibility of Carrier Against the Owner of Goods Due to Accidents in Sea Transportation, formulation of the problem: 1. How is the responsibility of the carrier to the owner of goods in the event of damage to goods due to accidents in sea transportation?, 2. How Compensation for compensation if there is a loss in transporting goods by sea? In this paper the research method used is a normative juridical approach, descriptive analytical research specifications, the main data source uses secondary data, the data analysis method uses qualitative methods. Research and discussion results are as follows: 1. Maintain the safety of the goods transported from the time of receipt until the time of delivery and has become the responsibility of the carrier if the goods are wholly or partly unable to be delivered or damaged The transporter is obliged to compensate for the loss of the goods being transported 2. If an accident occurs in sea transport recipient of goods does not receive the goods as stated in the agreement of the consensus of the recipient is obliged to make a claim letter to the shipping company within the specified time by explaining the loss suffered.</p>

The Period of the Maritime Carrier's Liability Under the Qatari Law

The Qatari Law No. 15 of 1980 adopted a narrow concept of the period of carrier's liability by limiting it to the Maritime Stage in which the goods are exposed to nagivation risks, and provided that the rights and liabilities outside this period should be governed by other laws. Article 164 of the Qatari Law provides that the provisions of this Law govern the period from the time when the goods are loaded on to the time they are discharged from the ship. This article makes it clear that the period of the carrier's liability comrrsences from the moment the goods are received into the ship7s for lifting and not from the moment the goods are actually loaded on to the ship, and ceases at the moment the goods are released from the discharging tackle.l This is beteer known as tackle to tackle.2 Article 164 would create serious problems if the carrier accepted the goods before loading them on the ship and kept them after discharge. On the other hand) the laws of this country require goods to pass through the hands of port authorities who accept no responsibility for the goods whatsoever. Moreover) the carrier may have ne company facilities in this country,3 who bears the risk of loss or damage that may take place while the goods are at the wharf? In order to get over these problems) the courts in this country have shown a tendency to extend the coverage of the Qatari Law before loading and after discharge. Some writers4 suggest that shippers should make stipulations in the Contract of Carriage to cover the period before shipment and after discharge) if the goods are to be in the hands of the carrier during these times. This, in our opinion, is true, but it is not easy for the shipper to compel the carrier to accept such stipulations. In lighterage operations, the commencement of the carrier's liability depends on whether the carrier owns or controls the lighters. In short, where the lighterage operation is considered as part of loading it is covered by the Qatari Law; otherwise it is regarded as outside the scope of the Law. In the case of grain loaded on board the ship by means of bulk loading, or liquid such as wine or oil transferred through flexible pipes, the carrier's responsibility commences when the liquid or the grain has entered the flexible pipes of the ship

Особливості цивільно-правової відповідальності залізничного перевізника за втрату вантажу

У статті проаналізовані теоретичні та практичні проблеми цивільно-правової відповідальності залізничного перевізника за втрату вантажу. Визначено основні підходи та позиції судової практики щодо вирішення окремих проблем відповідальності залізничного перевізника. Висловлена власна позиція стосовно проблем цивільно-правової відповідальності залізничного перевізника за втрату вантажу та запропоновано шляхи їх вирішення.

Carriers. Loss or Injury to Goods. Responsibility of Carrier for Animals in Pens under Statutory Requirement

Carriers. Loss or Injury to Goods. Responsibility of Carrier for Animals in Pens under Statutory Requirement