Disclaimer: This article is intended to give us not only knowledge of Indonesian aviation regulations but also fair rights & obligations between passengers and airlines in case of accidents on board or during the process between embarkation and disembarkation and lost or damaged handy luggage or checked-baggage. I am not responsible for any wrong use of contents in this article. All responsibilities should be born by readers only.
Note: I will always update this article continuously due to, perhaps, some amendments in Indonesian aviation regulations in the future. I may miss some days/weeks after the new regulation constituted. You can post it in the comment section and I will update it soon.
For domestic flight, Ministerial Regulation PM No.77 Year 2011 regarding Liabilities of Air Carrier is the core instrument. Under the regulation, below are the domestic air carriers' liability categorized into several sorts of damage :
PASSENGER
According to Article 3 letter a, passengers who died on board due to an airplane accident or an incident solely related to air transportation are given compensation in the amount of Rp. 1,250,000,000.00 per passenger. In addition to death on board, while the passengers died during the embarkation and disembarkation process, according to Article 3 letter b, the carrier shall compensate in the amount of Rp 500,000,000.
2. Total Permanent Injury (Including Mental Injury)
According to Article 3 letter c, passengers will be compensated by the amount of Rp. 1,250,000,000.00 per passenger if they are declared by the doctor, within 60 days since the accident took place, to have permanent injuries (including mental injuries). Total permanent injuries include, according to Article 3 letter d, as follow :
a. total loss of vision from 2 (two) incurable eyes
b. amputation or severance of 2 (two) hands or 2 (two) legs or one hand and one foot on or above the wrists or ankles.
c. Total vision loss from 1 (one) incurable eye and the amputation or severance of 1 (one) hand or foot on or above the wrist or foot.
3. Partial Permanent Injury
According to Article 1 Number 16, Partial Permanent Injury is the loss one of parts of the body but does not reduce the function thereof for activities such as the loss of one eye, one arm starting from the shoulder, one leg. Passengers can only claim for damages after the doctor declare such injury within 60 days since the accident took place as stated in Article 3 letter c number 2. The compensation varies depending on which part of the body is injured. Below the list of compensation for passengers :
4. Light Injury
According to Article 3 letter e, passengers who get light injuries and must undergo treatment at the hospital, clinic or treatment center as inpatients and/or outpatients, will be compensated for as much as the actual treatment costs up to Rp. 200,000,000 per passenger.
BAGGAGE
Under Article 4 Paragraph (1), air carriers are not liable for damages arising from the loss or destroyed carry-on luggage except the passenger can prove that the damage is caused by the aircrews or the person employed thereby. They can be liable only, according to Paragraph (2), if they accept the passenger's explanation or when the judge ruling the case has issued its final decision. The compensation is set as high as the real loss of the passenger.
6. Lost or Destroyed of Checked-Baggage
Article 5 Paragraph (1) letter a states that passengers can claim compensation for the loss of or totally damaged their checked-baggage by the amount of Rp 200,000 per Kg and up to at most Rp 4,000,000 per passenger. The air carrier will compensate for partially damaged checked-baggage according to the type, size, and brand thereof as stated in letter b. When the checked-baggage is not found yet, according to Paragraph (3), the air carrier shall look for it with utmost and must give compensation Rp 200,000 per day up to 3 days. The checked-baggage will be declared as lost after the 14th day since the passenger arrival at the destination airport as stated in Paragraph (2).
Hopefully, this article gives you a better insight in the case of air accident for domestic flights in Indonesia and make no worry for your travel across the archipelago.
PASSENGER
According to Article 18 Paragraph (1), The liability of air carriers to passengers is limited only since they start to leave the gate to board the plane until they arrive in the arrival gate of the destination airport1. Death of Passenger
According to Article 3 letter a, passengers who died on board due to an airplane accident or an incident solely related to air transportation are given compensation in the amount of Rp. 1,250,000,000.00 per passenger. In addition to death on board, while the passengers died during the embarkation and disembarkation process, according to Article 3 letter b, the carrier shall compensate in the amount of Rp 500,000,000.
2. Total Permanent Injury (Including Mental Injury)
According to Article 3 letter c, passengers will be compensated by the amount of Rp. 1,250,000,000.00 per passenger if they are declared by the doctor, within 60 days since the accident took place, to have permanent injuries (including mental injuries). Total permanent injuries include, according to Article 3 letter d, as follow :
a. total loss of vision from 2 (two) incurable eyes
b. amputation or severance of 2 (two) hands or 2 (two) legs or one hand and one foot on or above the wrists or ankles.
c. Total vision loss from 1 (one) incurable eye and the amputation or severance of 1 (one) hand or foot on or above the wrist or foot.
3. Partial Permanent Injury
According to Article 1 Number 16, Partial Permanent Injury is the loss one of parts of the body but does not reduce the function thereof for activities such as the loss of one eye, one arm starting from the shoulder, one leg. Passengers can only claim for damages after the doctor declare such injury within 60 days since the accident took place as stated in Article 3 letter c number 2. The compensation varies depending on which part of the body is injured. Below the list of compensation for passengers :
According to Article 3 letter e, passengers who get light injuries and must undergo treatment at the hospital, clinic or treatment center as inpatients and/or outpatients, will be compensated for as much as the actual treatment costs up to Rp. 200,000,000 per passenger.
BAGGAGE
According to Article 18 Paragraph (2) the liability of the carrier for passengers' checked-baggages start from the time the carrier receives checked-baggage at the time of reporting (check-in) until the receipt thereof by the passenger.5. Lost or Destroyed of Carry-On Luggage (Cabin Luggage)
Under Article 4 Paragraph (1), air carriers are not liable for damages arising from the loss or destroyed carry-on luggage except the passenger can prove that the damage is caused by the aircrews or the person employed thereby. They can be liable only, according to Paragraph (2), if they accept the passenger's explanation or when the judge ruling the case has issued its final decision. The compensation is set as high as the real loss of the passenger.
6. Lost or Destroyed of Checked-Baggage
Article 5 Paragraph (1) letter a states that passengers can claim compensation for the loss of or totally damaged their checked-baggage by the amount of Rp 200,000 per Kg and up to at most Rp 4,000,000 per passenger. The air carrier will compensate for partially damaged checked-baggage according to the type, size, and brand thereof as stated in letter b. When the checked-baggage is not found yet, according to Paragraph (3), the air carrier shall look for it with utmost and must give compensation Rp 200,000 per day up to 3 days. The checked-baggage will be declared as lost after the 14th day since the passenger arrival at the destination airport as stated in Paragraph (2).
When the checked-baggage contains valuable goods, according to Article 6 Paragraph (1) the air carrier is not liable for the loss thereof except the passenger, during the 'check-in' time, has declared and shown that the baggage contains such valuable goods and the carrier agrees to carry it on board. Paragraph (2) states that the carrier, who agrees to carry the valuable goods, may ask the passenger to insurance it.
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Under Article 19, the carrier is not liable for compensation as stated in Article 3 letter b (look at the section of Death Passenger), Article 3 letter b number 2 (look at the section of Partial Permanent Injury), and Article 14 if it proves that the accident is not due to the negligence or other wrongful act or omission of the carrier or its servants or agents; or by the negligence or other wrongful act of the passengers themselves and/or third parties.
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Hopefully, this article gives you a better insight in the case of air accident for domestic flights in Indonesia and make no worry for your travel across the archipelago.
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