TANGGUNG JAWAB PILOT DALAM KECELAKAAN PENGANGKUTAN UDARA MENURUT PERSPEKTIF HUKUM PENGANGKUTAN UDARA DAN HUKUM PIDANA

Abstract

The Marwoto’s case has raised a controversy in air transportation law as such allegation is contrary to the provisions of international air transportation law.  Marwoto Komar, the pilot of Garuda Indonesia (GA 200) has been accused related to the accident happened in the airport of Adi Sucipto at Yogyakarta Indonesia.   According to the case, the provisions of the Indonesian criminal law that were allegated to the pilot are such artiles that regulate aviation crime.  They are article 479f (a)(b), article 479g (b), article 359, and article 360(1).  Under these  articles the pilot should be liable to receive life imprisonment for such crime. However, according to international air transportation law its liability is subject to the provisions under the general contract law especially employment contract as the main objective of the investigation of an aircraft accident is mainly aimed to prevent the occurrence a similar accident not to make the effort of criminalization of pilot. A pilot is employed by an airline company and he or she should not be responsible for an aircraft accident.  A professional responsibility is therefore more appropriate for a pilot in accident rather than the application of criminal law provisions. Therefore, the main research question is whether the provisions of criminal law are applicable to criminalize a pilot in an aircraft accident.