Compensation for Victims of Air Transportation Accident under Indonesian Legal Regime: A Review Towards Sriwijaya Air SJ-182 Accident

Abstract

This article shall examine the Indonesian legal framework concerning compensation for death of passengers in aircraft accidents. The analysis follows the ongoing progress of the Sriwijaya Air SJ-182 accident up until October 2021. The main issues discussed in this article, compared to the previous Lion Air JT-610 accident, are the time-consuming process in granting compensation, inadequate amount of compensation, and the absence of advance payment clause. In addition, the role of social security (BPJS Ketenagakerjaan) and mandatory state transportation insurance (Jasa Raharja) in the compensation process is also discussed. Finally, this article provides legal and policy recommendations to find the equilibrium among the interests of airlines, the government’s duty in protecting its citizens, and the efforts to promote passenger protection in Indonesia— particularly in regards to the increasing number of domestic flights prior and post the Covid-19 pandemic.