Air Carrier Liability to the Passengers in the Case of Delayed Flight

Abstract

Transportation is very important, especially for air transportation, because nowadays, Indonesian people need a transportation which can carry them in every activity in a short time. Moreover, it is known that Indonesia is an archipelago country. As an archipelago, Indonesia desperately needs good transportation services in order to connect between one island and the other islands. Today, there are so many airlines company which operates in Indonesia. Each of the airlines is always competing to attract the attention of consumers. Everything is done by the airlines company to get the consumers' attention. Because there are so many companies which operate in Indonesia, thus, Indonesian government creates a regulation to protect the passenger as a consumer. If there are no regulation which regulate about the aviation and passengers protection, the airlines company can do an arbitrarily to passenger, such as the carrier do a delayed flight and the carrier did not want to give a compensation to passenger. Indonesian Aviation Act which applies nowadays is Aviation Act No.1 year 2009 which supplemented by Ministerial Decree No.77 year 2011. Both Aviation Act No.1 year 2009 and Ministerial Decree No.77 year 2011 regulate about the obligation of airlines company, the liability of airlines company, regulate about the compensation which should given to the passenger if there is any losses that suffered by passenger during the transportation, and also regulate about how to obtain the compensation claim from the airlines company.