KOMPLEKSITAS BEBAN PERTANGGUNGJAWABAN PERDATA ATAS PENGOPERASIAN PESAWAT UDARA INDONESIA YANG MENGGUNAKAN BENDERA DAN REGISTRASI NEGARA ASING (SEBUAH TINJAUAN HUKUM TERHADAP PESAWAT UDARA PENGANGKUT JEMAAH HAJI INDONESIA)

This research is a normative-empirical research, which aims to assess the burden of civil responsibility as the national airline Garuda pilgrims Indonesian air carriers, in terms of the operation of the aircraft's departure has been delayed due to technical/operational problems, and studying it under the wet lease agreement made between the Garuda as airplane renter (lessee) and foreign airlines as the party that rent aircraft (lessor) and the regulations of aviation as legal basis. Data used in this study are primary and secondary data obtained through library research and field research. Primary data was obtained by interview with the interview guide instrument, while the secondary data obtained by study of documentation by means of document studies. Both data were analyzed by using descriptive qualitative. The results of this study indicate that (1) agreements for domestic and international air transport are still putting the contents of the Warsaw Convention 1929 as a reference law conventions of the parties who are bound by the agreement. (2) The lease agreement between the Garuda- mix with foreign airlines carry legal consequences in terms of responsibility for the operation of aircraft regardless of who the actual carrier and the contracting carrier. (3) Permit to operate a foreign aircraft under Air Operators Certificate (AOC) is owned by Garuda demand fulfillment Civil Aviation Safety Regulations (CASR) of Indonesia