Passenger rights are a top priority in air transportation in terms of consumer protection. The protection of air transport passengers from all possible damage caused by accidents, delays, overbooking, and baggage loss is commonly recognized by international and Indonesian law. Two significant aircraft accidents occurred in Indonesia in 2014. The first was Indonesia-AirAsia QZ 8501, en route from Surabaya to Singapore, where the majority of passengers were Indonesian. The flight had an accident above the Java Sea that killed all passengers (BBC News, 2015). Another such event occurred in 2014 when Malaysia Airlines MH17 from Amsterdam to Kuala Lumpur crashed, and no passengers survived, including 12 from Indonesia (Parliana & Gunawan, 2014). Both occurred in the context of an international flight, and both had many Indonesian passengers. As a result, all Indonesian passengers in both catastrophes were compensated under Indonesian domestic law rather than the Montreal Convention 1999, including the second accident in which the aircraft was Malaysia Airlines MH17.
The Indonesian Aviation Act Number 1/2009 regulates compensation that may be incurred for damage caused by airline operations. Under Article 141, Paragraph 1, this Act obliges all airlines to be liable for the damages that occur to passengers due to the death or injuries they may suffer from accidents or incidents.
However, it does not specify the compensation amount. Instead, compensation is covered under Article 3 of the 2011 Ministerial Regulation of Transportation, Number 77, specifically stating the following: (a) An aircraft crash or an incident that is solely related to airlift will be given a loss of Rp.1,250,000,000; (b) Passengers who died due to an event that was solely related to air transport at the time of leaving the airport waiting room to aircraft at the destination airport and/or transit airport (transit) will be given a loss of Rp. 500,000,000; (c) Passengers who experience a fixed disability will be given a loss of Rp. 1,250,000,000; (d) Passengers who are injured and must undergo treatment at a hospital, clinic, or treatment hall as an outpatient and/or outpatient will be given a loss of the most real care costs, Rp. 200,000,000.
This study used a comparative, doctrinal, and normative legal approach to analyze and compare the provisions provided by both the Montreal Convention 1999 and Indonesian domestic law in its implementation. The main legal instruments relied upon for the analysis were the Montreal Convention 1999, Indonesian Aviation Act, and Ministry of Transportation Regulation 77/2011 on how these regulations apply to protect domestic and international travelers to or from Indonesia.
The ratification of the Montreal Convention 1999 into Indonesian Law through a Presidential Decree significantly impacts the protection of Indonesian travelers on international flights. The provisions of the Convention ensure that Indonesian travelers have the same rights as foreign travelers do. However, significant provisions in the Indonesian Aviation Act of 1/2009 must be changed to align with the definitions and regulations of the Montreal Convention 1999.
The definition of international carriage, compensation amount, jurisdiction issues, and specific rules under the Ministerial Regulation level for collective insurance are examples of issues regulators need to address to effectively implement the Convention. Consistency in provisions among national regulations also must be harmonized to simplify Indonesian people’s access to their rights under law.
Author: Adhy Riadhy Arafah
Complete journal article can be accessed on: https://www.tandfonline.com/doi/full/10.1080/23311886.2024.2333980
