Liability to Third Parties for State Aircraft Accidents: An International and National Air Law Perspective

Abstract

This research underscores the alarming absence of state aircraft regulations and underscores the urgent need for action. Civil and state planes coexist in the same airspace, making it crucial to comprehend their interaction. However, legal instruments at both international and national levels have primarily focused on regulating air transportation and navigation for civil aircraft, conveniently excluding state aircraft from their purview. The research method for this study was normative juridical, involving the examination of library materials or secondary data using deductive thinking methods. The findings of the study are unequivocal: Firstly, in international law, the Convention on Compensation for Damage Caused by Aircraft to Third Parties 2009 and the Convention on Compensation for Damage to Third Parties 2009, Resulting from Acts of Unlawful Interference Involving Aircraft 2009 should serve as a standard for compensating third parties for losses resulting from aircraft activities. Secondly, at the national level, Law No. 1 of 2009 concerning Aviation and Minister of Transportation Regulation No. 77 of 2011 concerning the Responsibility of Air Transport Carriers must be used as a benchmark for providing fair compensation for losses to third parties due to aircraft activities. It is imperative that governments step up and ensure the safety and well-being of their citizens.