David Tobing

Photo: Source Documentation

Yanuarius Viodeogo

Jakarta's Most Important Passenger Safety — I interviewed Indonesian Consumer Community (KKI) Chairman David Tobing after the incident a few days after the Ethiopian Airlines ET 302 737 Max plane crash on March 10, 2019.

It was the same type of aircraft when one of Lion Air JT 610's fleet crashed on October 29, 2018.The blog posts to remind the airline industry, especially airline owners, to put safety first when using their fleet.  

What is KKI's expectation to the Government of Indonesia for the airline that has a boeing 737 Max 8 fleet?The government should ban it permanently instead of temporarily banning flying for 7 days only. The affirmation of the prohibition of flying is already stipulated in article 53 paragraph (1) of Law No. 1/2009 on Aviation, it says everyone is prohibited from flying or operating aircraft that could endanger the safety of aircraft, passengers and goods or or residents or interfere with the security and public order or harm the price of other people's property.People are now afraid of the type of Boeing 737 Max 8, Boeing flight activities of that type such as spreading threats to public safety.From the beginning, the government should closely monitor and check an airline that plans to procure its fleet of aircraft for commercial purposes. The government must see, the needs of the fleet is already concerned with aspects of passenger safety or not. Not only because the airline said the product was fuel efficient and efficient, but it was not tested for safety and the public was the first to test the presence of the aircraft. 

Government surveillance is still weak?For the safety of the public, I think that the government should convey and order wait and see to the airline that wants to buy a product, the product has been tested or not. Only after it is proven safe, can be ordered. This is precisely what happens, a new product appears and is immediately ordered. In the future, it should be more careful in determining what type of aircraft to buy. 

What is Boeing's responsibility?The problem is, people can not test a product to be purchased by the airline, this is business to business. Therefore, the company must also be more selective and careful in choosing its fleet. We consider Boeing to withdraw its products but they must remain accountable and investigate the cause. In the event of a production defect, then Boeing must dare to withdraw the goods. It's a loss-taking business risk, but safety comes first.    

What is the fate of the victim's heirs, if an airline has an accident? In boeing's case, the most interested party is the victim's heir. They are entitled to compensation of Rp1.25 billion for unconditional or unconditional death. This means that based on the Regulation of the Minister of Transportation, the heirs are still given the opportunity to sue the court. 

In the framework of the national Consumer Day of March 15, has there been any airline alignment to aviation service consumers?

Not yet fully, see, there is still a case of airlines not complying with article 8 paragraph (1) letter f of the Consumer Protection Law. Businesses are prohibited from producing or trading goods or services that are not in accordance with the promise stated in the label, e-ticket description, advertising or promotion of the sale of such goods or services. That I conveyed when giving a public lecture at the Faculty of Sharia and Law, Syarif Hidayatullah National Islamic University.Consumer rights in the Consumer Rights Act also apply to aviation consumers for the right to comfort and safety. Consumers are entitled to the correct information, the complaint argues. 

Like what?If the maximum service or full service it should be the provision of food and entertainment advice. If there is no food or entertainment means then the airline violates the rules. So it should be a tool to hear (earphones) should be available for free, if consumers are still required to buy earphones is the airline worth full service? Another case, related to a passenger being hit by a hot water splash on his chest and causing permanent disability. The Regulation of the Minister of Transportation should categorize that limb on the permanent disability list because it is a vital area of the body for a woman.  

Violation of consumer rights, what are the legal consequences?
It is in the 1365 Civil Code of Unlawful Conduct, any act that violates the law and brings harm to others, obliges the person who caused the loss because of his fault to compensate for the loss. Or article 1243 of the Civil Code on Default in addition to using the Aviation Law as well as ministerial regulations and the Consumer Protection Law. Claims in the event of default such as the right to demand the fulfillment of the agreement, demand compensation, the right to sue for the fulfillment of the agreement of compensation. (Indonesian Business)





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