O Stakeholders, Fulfilling The Rights Of Sriwijaya SJ-182 Victims Must Be Hastened

JAKARTA - Entering the fourth day, the search for the Sriwijaya Air SJ-182 aircraft is still ongoing. However, the fulfillment of victims' rights needs to be rushed along with the search carried out by the joint SAR team. It is known that the plane with the Jakarta-Pontianak flight route was previously reported missing contact on Saturday, January 9 afternoon.

Before long, the Sriwijaya Air plane was reported to have crashed after 4 minutes of flying from Jakarta to Pontianak. The plane crashed around the waters of Lancang Island, Thousand Islands, DKI Jakarta. The aircraft is a Boeing 737-500, part of the 737 Classic series.

In the accident, the plane carried 62 passengers consisting of 50 passengers and 12 cabin crew. While the passenger details consist of 43 adults, 7 children and 3 toddlers.

The search for the SJ-182 aircraft on Monday, January 11 began to make progress. Various findings were obtained ranging from 10 bags containing small parts of the plane, 16 large pieces of aircraft, and six pieces of clothing.

Then, the number of body parts that were collected by the SAR team combined with the SJ-182 tragedy until Monday, January 11 at 10:20 WIB, totaled 74 body bags. Meanwhile, there were 24 large pieces of aircraft material and 16 small pieces of material.

One victim of the Sriwijaya Air plane was also identified by the National Police's Disaster Victim Identification (DVI) Team on Monday. Police Capuchinafist Brigadier General Pol Hudi Suryanto said one victim was named Oky Bisma at the address Kramatjati, East Jakarta.

The name Oky Bisma itself is included in the manifest list of Sriwijaya Air passengers and identified from fingerprints.

OJK Deputy Commissioner for Public Relations and Logistics Anto Prabowo said all passenger rights and related forms of insurance would be fulfilled. The authorities are ready to assist the victim's family in processing claims.

"OJK will certainly help families who will take care of insurance claims," he said, quoted on Tuesday, January 12.

In addition to monitoring, Anto appealed to families who have questions or difficulties in managing insurance, they can contact OJK's consumer financial services at 157 or contact the company's call center.

"Of course, passenger rights and other forms of insurance related (will be fulfilled), families are asked to prepare the necessary documents," he said.

Meanwhile, Executive Director of the Indonesian Life Insurance Association (AAJI) Togar Pasaribu said his party would form a task force to help facilitate claims of the families of the victims.

This process will officially begin after the government officially releases the status of the aircraft and victim data from this fateful accident. "Usually after everything is met to confirm the names of passengers," said Togar.

As is known, Indonesia itself has ratified the Montreal Convention in 2017 through Presidential Decree No.95 / 2016 concerning Ratification of the convention for the unification of certain rules for international carriage by air or the convention on the unification of certain rules for international air transport.

In this 1999 Montreal Convention, it covers the responsibility of flight operators for passengers, cargo baggage, and delay management in air transportation.

Each passenger under this rule is entitled to a maximum compensation value of 113,100 Special Drawing Rights (SDR). Based on the IMF website, as of January 8, 2021, every 1 XDR is equivalent to US $ 1,445 or if converted to rupiah the claim value is equivalent to Rp.2.29 billion per passenger (assuming an exchange rate of Rp.14,020 per US dollar).

[/ read_more]

Furthermore, for families who submit claims exceeding the 113,100 SDR limit, the principle of responsibility based on the element of error applies. That is, it must be proven through legal channels.

PT Jasa Raharja began to collect survey data for the families of the victims to ensure the accuracy of the manifest data of the Sriwijaya Air SJ-182 passengers which crashed in the waters of the Thousand Islands, Jakarta.

Jasa Raharja President Director Budi Rahardjo said that his party would collect data and conduct a survey to the victims' homes to ensure the accuracy of the data.

"We ensure that we will immediately process the compensation that will be obtained by the victim's family," he explained.

Based on the regulations of the Minister of Finance of the Republic of Indonesia No.15 and 16 /PMK.10/2017 dated February 13, 2017, the amount of compensation for victims of air traffic accidents is IDR 50 million for death or maximum permanent disability.

In addition, passengers are also entitled to a maximum treatment fee of Rp. 25 million and reimbursement of burial costs of Rp. 4 million if they do not have an heir.

Meanwhile, the amount of insurance purchased personally by each passenger will be identified only after the victim's data is complete.

YLKI Daily Executive Chairman Tulus Abadi asked the Ministry of Transportation and the National Transportation Safety Committee (KNKT) to thoroughly investigate the causes of the Sriwijaya Air SJ-182 plane crash on the Jakarta-Pontianak route, as well as to increase tighter supervision of all airlines.

According to Tulus, this is urgent to do in order to guarantee overall aviation safety aspects, especially the protection of aviation service consumers.

In the context of Law no. 8/1999 concerning Consumer Protection, said Tulus, this accident can be seen as the heaviest form of violation of the fulfillment of the rights of aviation service consumers.

According to Tulus, as an airplane passenger, consumers have the right to safety, security, and comfort while using flight services.

Tulus emphasized that the management of Sriwijaya Air and the Ministry of Transportation must fully guarantee the civil rights of consumers who are victims of the accident, both materially and immaterial.

"As guaranteed in the Consumer Protection Law, as a passenger, consumers have the right to compensation and compensation when using goods and / or services, in this case aviation services," he said.

[/ read_more]