UNAIR Accompanies Consumer Protection Community: Discussing Air Transportation Service Standards
(5/10/2023) | Faculty of Law, Airlangga University (FH UNAIR) discussed with the East Java Consumer Protection Institute (YLPK) Foundation on Wednesday (16/8/2023). The discussions and community service carried out offline dissected the Consumer Protection Law.
The discussion entitled “Consumer Protection in Aviation Service Standards following the 1999 Montreal Convention” was attended by Drs. Muhammad Said Sutomo, Chairman of YLPK East Java. FH UNAIR also provided legal education material for aircraft consumers delivered by Adhy Riady Ararah, S.H., LL.M. (Adv.), Director of the Airlangga Institute for International Studies (AIILS) and Director of the Center for Air and Space Law (CASL).
Said explained that plane crashes that claimed consumers’ lives using aviation services did not always treat the victims the same way. The treatment of Indonesian citizen-consumers will be different from foreign citizen-consumers. Examples of cases include the Air Asia QZ8501 plane crash on the Surabaya-Singapore flight route in 2014 and the shooting incident of Malaysian plane MH17 on the Amsterdam-Kuala Lumpur flight.
This unequal treatment includes the amount of compensation received by the victim. The compensation received by Indonesian citizens tends to be lower than that of foreign consumers. Therefore, Indonesia ratified the 1999 Montreal Convention through Presidential Regulation Number 95 of 2016 so that the amount of compensation received by Indonesian citizens is the same as that of foreign citizens. However, the 1999 Montreal Convention still needs to be implemented in Indonesia.
The difficulty in implementing this occurs because the provisions of national law, namely Aviation Law Number 1 of 2009 and its derivative regulations regarding compensation, were made when Indonesia was not yet a party to the 1999 Montreal Convention. As a result, many provisions in national law conflict with the requirements of the 1999 Montreal Convention, not only the amount of compensation but also related to the principles of legal enforcement. This legal dualism causes the protection of consumers using air transportation services in Indonesia to be hampered, and many are not implemented. Air transportation plays an essential role in advancing national tourism. In addition, consumers’ ignorance of the rights of users of air transportation services following the provisions of the 1999 Montreal Convention will have an impact on low bargaining power in negotiating the amount of compensation.






