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IJSTR >> Volume 8 - Issue 7, July 2019 Edition

International Journal of Scientific & Technology Research  
International Journal of Scientific & Technology Research

Website: http://www.ijstr.org

ISSN 2277-8616

Comparison Of Legal Protections For The Disabled In Air Transport Under Constitution No. 1, 2009 On Aviation And The Montreal Convention, 1999

[Full Text]



Elfrida Ratnawati



school-based management, school achievement, special-needs school, principal, Indonesia.



Nowadays, a lot of people using air transportation services, including people with disabilities. Government commit to give special treatment to people with disabilities, to provide them protection through the regulations that should have implement and obeyed by government, citizen, and airline companies. That regulations aiming to ensure equal rights and freedom of people with disabilities. Has the legal protection for people with disabilities been regulated in Constitution No. 1,2009 and the Montreal Convention, 1999? How are the cases of people with disabilities resolved due to Ridwan Sumantri and Dwi Ariyani? Those are the question of this study. The purpose of this paper is to describe the role of national and international regulations in providing legal protection for people with disabilities. The study is a normative study with secondary data and supported by primary data and analyzed descriptively through a qualitative approachment. Chapter 134 of Constitution No. 1, 2009 concerning Aviation is regulating people with disabilities, but the Montreal Convention of 1999 does not. Different judges applied the same legal basis for the two cases as the basis of the verdict, such as Constitution Number 1, 2009, whereas the implementation is different. The Ridwan Sumantri case applied Constitution Number 1, 2009 concerning Aviation, because the legal basis of the transportation agreement refers to chapter 134 of Constitution No. 1, 2009 regulates Disability. Based on that legal basis, the airline Lion Air responsible for paying fine along with apologies. But in the case of Dwi Aryani, the airline didn’t carry the verdicts, even though Dwi submitted a warning to the Etihad airline through ICAO (International Civil Aviation Organization) because the Etihad airline is subject to the Montreal 1999 international convention regulations which does not regulate disability.



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