Introduction
Airplanes are the most popular mode of transportation for passengers who require fast travel times and can sometimes be called relatively economical. In reality, many airline companies are competing to reduce operational costs so that ticket prices are cheaper. Of course, there are flights that provide premium flight tickets with premium facilities.
On this occasion there will be a discussion regarding passenger rights, especially if an airplane has an accident and results in the death and injury of almost all of the passengers.
Discussion
Passenger rights to other flight facilities as long as the passenger experiences discomfort during the flight service process from checking in, loading baggage or when embarking, all of which can generally be submitted by the passenger to the airline via the airport officer.
However, if an accident occurs which results in the death of almost all or all of the passengers, the rights of the passengers are transferred to the heirs of the passengers.
In several aircraft accident cases that have been handled by the author regarding the rights of passengers who died, there were many problems, including:
1. Loss of income for the family left behind.
2. Child custody if both parents are involved in the accident.
3. Determining the heirs of passengers who died.
4. Determining the amount of rights in the family.
On this occasion the author will discuss passenger rights that must be received by the heirs of airline companies and aircraft manufacturers and aircraft component suppliers.
Based on article 165 of the Law. No.1 of 2009 concerning aviation in conjunction with article 3 letter (a) Minister of Transportation no. 77 of 2011 concerning the responsibilities of air transport carriers, that the heirs are entitled to Rp. 1,250,000,000,- (one billion two hundred and fifty million rupiah). And in both laws, the heirs get this right without any conditions in accordance with the provisions of article 186 paragraph (1) of the Law. No.1 of 2009 about aviation. Also, heirs based on article 176 of Law No. 1 of 2009 concerning aviation in conjunction with article 23 of the Ministry of Transportation no. 77 of 2011 concerning the responsibility of air transport carriers to submit claims to the airline.
Mandatory existing laws, standard orders that must be implemented by airlines without exception. As given by PT. Rahardja service insurance which automatically provides Rp. 50,000,000,- (Fifty Million Rupiah) to the heirs after PT. Asuransi Jasa Rahardja obtains certainty regarding legal heirs according to Law No. 33 of 1964 in conjunction with PP No. 17 of 1965 concerning Compulsory Accident Insurance funds. General passengers explained that victims who are entitled to compensation are every authorized passenger of a public passenger transportation vehicle.
In one incident, there was a mother who had 5 children, the youngest was 1 year old and the oldest was 16 years old as heirs of the deceased victim, namely the mother’s husband and the parents of the 5 children. After the husband dies, the mother becomes the main backbone of the family. At the time of the incident, the mother’s heart and feelings were devastated considering the future of her children. In her deep sadness, the mother received direct compensation from PT. Raharja services amounting to Rp. 50,000,000 (Fifty Million Rupiah) without conditions, only showing proof that the mother and 5 children are the heirs of the husband who was involved in the plane crash. And in this very deep pain, an airline officer came and handed me a document stating that he would provide compensation in accordance with Minister of Transportation Regulation no. 77 of 2011, however, in the document there is a clause that “with the transfer of compensation funds, the heirs MAY NOT sue airlines and aircraft manufacturing factories and aircraft manufacturing components.”
On the basis of advice from layers of legal experts, the mother refused NOT to sue, meaning that the mother and the victim’s heirs continued to sue the aircraft manufacturer in another country that produces aircraft from other countries.
Herein lies the PRIVILEGE of passengers, in this case the heirs, who all airplane passengers must know about the mode of air transportation. That passenger RIGHTS must be fought for.
In the United States, aircraft manufacturers other than France, it is proven that the law in the USA protects consumers, so the law on the domicile of the aircraft produced/manufactured applies. In this case there are more than 100 victims’ families demanding their rights in the USA. And USA law provides legal protection to anyone if the conditions and documents are worthy of protection.
In the case of the mother and the five heirs REFUSED CONDITIONAL Compensation not to sue the airline and the aircraft manufacturing factory in the amount of Rp. 1,250,000,000 (One Billion Two Hundred and Fifty Million Rupiah), because it is considered only a monetary value but does not guarantee the lives and future continuity of their five children in terms of education. In the end, the mother and heirs received compensation and even education abroad. From this article, people using airplanes should understand their true RIGHTS as SMART passengers.
The specificity and privilege of the right to defend aircraft consumers, especially victims of aircraft accidents which result in loss of life, need to obtain information outside the AirCrews (cockpit, flight attendants, flight attendants, flight engineers) which could include the cause of the accident. So that passengers will get the RIGHTS they deserve. There is no need to be afraid of facing large and multi-national companies.
Fighting for this PRIVILEGE can be done by legal experts, this privilege is to live a better life and a more secure education for the victim’s heirs.
The most important thing about this condition is that a revision of Aviation Law no. 1 of 2009 so that the sky is blue and comfortable in Indonesia.
