Non Punitive Action Terhadap Pilot Akibat Kecelakaan dan Insiden Serius Pesawat Udara Sipil di Indonesia

Danu, Rivay Frien (2017) Non Punitive Action Terhadap Pilot Akibat Kecelakaan dan Insiden Serius Pesawat Udara Sipil di Indonesia. Masters thesis, Universitas Sebelas Maret.

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    Abstract

    punitive action implementation for the civil aviation accident and serious incident and the steps to accomply it. This research is normative study research with statute approach and comparative approach study in national and international level. The legal matterial of this research are primary legal matterial and secondary legal material with deductive analystic mind. Reffering the research above, showed that Indonesia as contracting state of Chicago Convention 1944 through joining with International Civil Aviation Organization, Indonesia need implemented the non punitive action in accident and serious incident of civil aviation through mandatation in Annex 13 ICAO. The mandate of that annex base on just culture principle and it said that everyone especially the aviation personel do not given punishment from the regulator reffered by the violation valued, so base on that act, the personel must be punished, because the just culture principle not recognize the punishment of the safety act that reffered on their experience and training. If the punitive culture still on hand, it can implicated to the contraproductive of corrective action from the accident and serious incident happening and unjust feeling of the personel affected by the punishment by the consequent of accident and serious incident. For realize the non punitive action culture for created safety culture, need the following action as recomendation in this research, such as determination of unsafe act, evaluation of national law which inconsistent with just culture principle, and the estabilished the pilot proffesion council. Keywords: Non Punitive Action, Just Culture, Civil Aviation Accident and Serious Incident

    Item Type: Thesis (Masters)
    Subjects: K Law > K Law (General)
    Divisions: Pasca Sarjana > Magister > Ilmu Hukum - S2
    Depositing User: Gun Gun Gunawan
    Date Deposited: 11 Sep 2017 13:05
    Last Modified: 11 Sep 2017 13:05
    URI: https://eprints.uns.ac.id/id/eprint/34580

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