ANALISIS YURIDIS TERHADAP TANGGUNG JAWAB MASKAPAI PENERBANGAN TERHADAP PENOLAKAN KEBERANGKATAN PENUMPANG DALAM PERSPEKTIF KEADILAN DAN KEPASTIAN HUKUM (STUDI PUTUSAN NOMOR 612/PDT/2019/PN.Jkt.Pst jo. 694/PDT/2020/PT DKI)

This study aims to analyze the legal reasoning of judges in Decision Number 612/PDT/2019/PN.Jkt.Pst in conjunction with 694/PDT/2020/PT DKI regarding airline liability for denied boarding, and to evaluate whether such reasoning reflects the principles of justice and legal certainty for consumers. This research is motivated by the existence of court decisions that have not fully provided optimal legal protection for consumers of air transportation services, particularly in cases of denied boarding that result in both material and immaterial losses for passengers as the weaker party in a legal relationship.
This research employs a normative juridical method using both statute and case approaches. The legal materials consist of primary sources such as legislation and court decisions, and secondary sources including legal books, academic journals, and expert opinions. Data collection is conducted through library research, while the analysis uses a qualitative descriptive-analytical method by comparing the law as it ought to be (das sollen) with its implementation in practice (das sein).
The results show that the judges’ considerations in the decision have not fully reflected optimal consumer protection. The court mainly emphasized administrative aspects, particularly the passenger’s delay in check-in, without comprehensively considering the airline’s obligations under aviation laws and related regulations concerning compensation in denied boarding cases. Consequently, the decision tends to prioritize formal legal certainty over substantive justice, which may weaken the position of consumers in air transportation disputes.