PERTANGGUNGJAWABAN PIDANA KAPTENPENERBANG SIPIL TERHADAP KECELAKAAN PESAWAT UDARA (STUDI PUTUSAN NOMOR 348/Pid.B/2008/PN.SLMN dan 52/Pid/09/PTY)

Abstract

ABSTRACT

Civil Aviation is a civilian passenger flight transport system. Civil aviation is a unified system consisting of the use of airspace, airplanes, airports, air transport. Crimes against civil aviation are regulated in Article 479 of the Criminal Code. One criminal case against a flight occurred in Yogyakarta. The case was decided by the Sleman District Court (Case Number: 348 / Pid.B / 08 / PN.SLMN) and the Yogyakarta High Court (Case Number: 52 / Pid / 2009 / PTY). The defendant was sentenced to 2 years in prison by the district court and released by the high court. Problem formulation: (1) What is the criminal responsibility of a civil aviation pilot? (2) What is the judge's consideration in imposing a criminal case on a civilian flight pilot? This study used a normative juridical approach. Data sources used are secondary data in the form of primary, secondary and tertiary legal materials. Secondary data was collected by document study and analyzed qualitatively. Based on the research concluded that: (1) the decision of the district court stated that the defendant was proven to have violated 479g of the Criminal Code and the defendant was sentenced to two years in prison. The High Court declared the defendant free. (2) In deciding cases No. 348 / Pid.B / 08 / PN.SLMN and 52 / Pid / 09 / PTY the judge considers the juridical aspects and sociological aspects.

Keywords: Accountability, Criminal, Accident, Aviator, Aircraft