Overview

In recent years, the Indonesian aviation industry has developed rapidly. Indeed, the Directorate-General of Air Transportation (“Directorate-General”) records that in 2017, the total number of air passengers carried by national carriers reached a total of 109,385,106, which represents an increase of 9.6% over the previous year’s figure.[1] Moreover, the Directorate-General is confident that this figure will increase further and that at least 116,654,624 passengers will have flown during the course of 2018.[2] This rapid development within the Indonesian aviation industry is predicated on a number of crucial factors, one of which is an increase in Indonesian air safety standards. Indeed, the International Civil Aviation Organization (“ICAO”) recently awarded Indonesia the Council President Certificate Award in acknowledgment of recent developments in Indonesian aviation safety, which was designated with an overall effective implementation rate of 80.34% when measured against ICAO Standards and Recommended Practices (SARPs).[3]

Unfortunately, however, the risk of aircraft accidents, especially aircraft crashes, remains a pressing issue within the aviation industry here, in spite of increased safety standards and preventive efforts being undertaken by a number of parties. This fact was brought home on 29 October 2018 when Lion Air Flight JT 610 crashed en route to Pangkal Pinang in the Tanjung Pakis area of Karawang just 13 minutes after takeoff.[4] The crash was Indonesia’s second worst in terms of casualty numbers and 189 victims lost their lives in the accident. Indonesia’s worst ever air disaster remains the Garuda Indonesia crash of 26 September 1997, which claimed a total of 234 victims.[5] In the wake of the crash, both national and international media focused upon Indonesian efforts to handle not only the search and rescue operation but also to investigate the causes of the crash so that similar incidents can be prevented in the future.

Previous editions of Indonesia Law Digest (ILD) have already covered the various detailed provisions set out under Indonesian law which address compensation for the victims of commercial airline accidents (see ILD No. 389). In contrast, this edition of ILD will attempt to shed some light on the overall safety and accident management mechanisms which come into play in the wake of air disasters. These mechanisms encompass the following specific areas:

1. Search and Rescue Operations

1. Eligible personnel;
2. Pre-search and rescue operations; and
3. Commencement of search and rescue operations.

2. Aircraft Accident Investigations and Reports

1. Accident occurrence reports;
2. Investigation procedures; and
3. Accident investigation reports.

3.  Sanctions for Non-Compliance Resulting in Accidents

1. Search and Rescue Operations

In an event of air crashes, search and rescue operations are usually the primary response. However, due to the nature of such operations, which are simultaneously of the utmost importance whilst also carrying significant risk, they must be thoroughly regulated and conducted within the scope of said regulation, so that they do not further add to the overall number of casualties.

In terms of aircraft crashes, details relating to the implementation of search and rescue operations are addressed under both Law No. 1 of 2009 on Aviation (“Aviation Law”) and Law No. 29 of 2014 on Search and Rescue (“SAR Law”). These two regulations are further implemented through Regulation of Government No. 22 of 2017 on Search and Rescue Operations (“Regulation 22/2017”), as well as Regulation of the Minister of Transportation (“Minister”) No. 115/2015 on Civil Aviation Safety Regulation Part 176 on Search and Rescue for Aircraft Crashes (“Regulation 115/2015”), which adhere to the international standards set by the ICAO.[6]

The regulations mentioned above address various matters relating to search and rescue operations, which can be divided up into the following areas: 1) Eligible personnel and facilities; 2) Pre-search and rescue operations; and 3) Commencement of search and rescue operations;

1. Eligible Personnel

Under the Aviation Law and SAR Law, the responsibility to implement search and rescue operation falls upon central and local government, with further coordination and implementation being undertaken by the National Search and Rescue Agency (Badan Nasional Pencarian dan Pertolongan – “Basarnas”).[7]  In this regard, both Regulation 22/2017 and Regulation 115/2015 also require all personnel who participate in search and rescue operations to possess expertise and/or competence in the field of search and rescue.[8] Set out in the table below are details relating to expertise and competency standards within the search and rescue field, along with the various documents which are required in order to prove said expertise:

In addition to internal personnel, Basarnas may also utilize other resources in order to undertake search and rescue (“SAR Resources”) activities.[11] These resources may take the form of human resources, facilities and equipment, including animals, etc.[12]

2. Pre-Search and Rescue Operations

Prior to conducting any search and rescue operations, Basarnas is required to carry out a pre-search and rescue operation, which is defined as a series of activities conducted in order to monitor, survey, anticipate and coordinate the relevant search and rescue operations.[13] Pre-search operations should be implemented continuously for a 24-hour period by the pre-search and rescue operation unit.[14]