Jumat, Agustus 2, 2024

Supreme Court Urged to Issue Rules for Handling Aviation Disputes

The lack of any uniform interpretation of aviation-related Regulations across different Indonesian courts is causing concern among aviation businesses and the Indonesian public alike. This issue was recently highlighted by Anggia Rukmasari, Chair of the Indonesian Aviation Law Society (Masyarakat Hukum Udara – "MHU"). In this regard, the MHU is urging the Supreme Court (Mahkamah Agung/MA) to issue new legal guidelines for the handling of aviation-related disputes in court.
Mrs. Rukmasari has noted that the implications of inconsistent regulatory interpretations have resulted in uncertainty for aviation businesses and the general public. This concern is echoed by Andre Rahadian, former MHU Chair and Partner at Dentons HPRP, who has emphasized the need for greater legal certainty in order to support business operations. Mr. Rahadian is advocating for the introduction of legal protections for stakeholders, including the government, businesses and transportation users, in order to safeguard their rights under the law.
The call for a new legal framework follows an analysis of various controversies arising from disparate court rulings that was completed by various aviation practitioners. Egaputra Novia, a Senior Associate at Dentons HPRP, has suggested that the MA should issue detailed Regulations or Circulars in order to guide judges across Indonesia. This will ultimately help to bridge the gap between the implementation of the Cape Town Convention and Indonesia’s Law No. 1 of 2009 on Aviation.
In response to these calls, Ifa Sudewi, Vice-Chairman of the Yogyakarta High Court, has expressed a commitment to forwarding these requests to the Chief Justice of the Supreme Court, Muhammad Syarifuddin. Mrs. Sudewi has acknowledged the various challenges that judges have to face as a result of overlapping regulatory frameworks and has stressed the need for a comprehensive legal framework that brings Indonesian law into line with international conventions.
Mrs. Sudewi has proposed the development of Supreme Court Regulations that have the legal force equivalent of Laws. These new Supreme Court Regulations would be produced through public consultations and academic input. This process, she noted, will require significant time and effort but will be crucial in terms of efforts to resolve aviation dispute inconsistencies and to bring domestic aviation law into line with the Cape Town Convention.
For more on this story, see Hukumonline: “Mendorong MA Terbitkan Aturan Penanganan Sengketa Penerbangan”.

......

Subscribe to read more legal analysis.

Hukumonline Pro Intelligence

Platform AI hukum terpercaya sebagai solusi komprehensif riset Anda

Professional Solutions

University Solutions

Pro

Rp 5.000.000 /bulan

Jadwalkan Demo

Lihat Detail

Pro AI

Terfavorit

Rp 8.200.000 /bulan

Jadwalkan Demo

Lihat Detail

Pro Compliance

New

Rp 12.500.000 /bulan

Jadwalkan Demo

Lihat Detail

*Syarat dan ketentuan berlaku

The lack of any uniform interpretation of aviation-related Regulations across different Indonesian courts is causing concern among aviation businesses and the Indonesian public alike. This issue was recently highlighted by Anggia Rukmasari, Chair of the Indonesian Aviation Law Society (Masyarakat Hukum Udara – "MHU"). In this regard, the MHU is urging the Supreme Court (Mahkamah Agung/MA) to issue new legal guidelines for the handling of aviation-related disputes in court.
Mrs. Rukmasari has noted that the implications of inconsistent regulatory interpretations have resulted in uncertainty for aviation businesses and the general public. This concern is echoed by Andre Rahadian, former MHU Chair and Partner at Dentons HPRP, who has emphasized the need for greater legal certainty in order to support business operations. Mr. Rahadian is advocating for the introduction of legal protections for stakeholders, including the government, businesses and transportation users, in order to safeguard their rights under the law.
The call for a new legal framework follows an analysis of various controversies arising from disparate court rulings that was completed by various aviation practitioners. Egaputra Novia, a Senior Associate at Dentons HPRP, has suggested that the MA should issue detailed Regulations or Circulars in order to guide judges across Indonesia. This will ultimately help to bridge the gap between the implementation of the Cape Town Convention and Indonesia’s Law No. 1 of 2009 on Aviation.
In response to these calls, Ifa Sudewi, Vice-Chairman of the Yogyakarta High Court, has expressed a commitment to forwarding these requests to the Chief Justice of the Supreme Court, Muhammad Syarifuddin. Mrs. Sudewi has acknowledged the various challenges that judges have to face as a result of overlapping regulatory frameworks and has stressed the need for a comprehensive legal framework that brings Indonesian law into line with international conventions.
Mrs. Sudewi has proposed the development of Supreme Court Regulations that have the legal force equivalent of Laws. These new Supreme Court Regulations would be produced through public consultations and academic input. This process, she noted, will require significant time and effort but will be crucial in terms of efforts to resolve aviation dispute inconsistencies and to bring domestic aviation law into line with the Cape Town Convention.
For more on this story, see Hukumonline: “Mendorong MA Terbitkan Aturan Penanganan Sengketa Penerbangan”.

......