JAKARTA - Susi Air is considering taking legal action after being forcibly evicted from Colonel RA Bessing Malinau Airport by the Regional Government of Malinau Regency, North Kalimantan. This step was taken after a criminal offense was committed in the incident.
"We are considering taking legal steps for criminal violations committed by officials for these arbitrary actions," said Susi Air's attorney, Donal Fariz in a press conference that was broadcast online, Friday, February 4.
He detailed that there were potential violations committed by the local government in the expulsion. One of them is the involvement of the Satpol PP in the forced transfer process.
According to Donal, based on Government Regulation (PP) No. 6 of 2010 Satpol PP is tasked with enforcing regional regulations and maintaining public order and public peace. So, it is not appropriate if the transfer of goods such as planes is carried out by Satpol PP.
"What we understand a lot is that Satpol PP is used for public order by regional heads if there are cases of illegal markets or street vendors selling without rights and without permission, so it is then considered to be disturbing public order and peace. " he explained.
"This Susi Air plane was in the hangar, it did not violate public order and peace, so it was a mistake when it was carried out by the Satpol PP," Donal added.
In addition, the Satpol PP, who at that time forcibly removed the goods from the airport hangar, also did not show a letter of assignment. In fact, this letter is important to be given to Susi Air.
"The existing officers did not submit or show a letter of assignment to the airport or to Susi Air," he said.
Next, Donald also said that there were several rules that were violated in the expulsion, namely Law No. 1 of 2009.
He detailed that Article 210 of the law explains that everyone is prohibited from being in certain areas at the airport, creating obstacles, carrying out other activities in the flight operation safety area that can endanger flight safety and security, unless obtaining permission from the airport authority.
Furthermore, in Article 344, every person is prohibited from taking unlawful actions that endanger the safety of aviation and air transportation in the form of illegally controlling an airplane that is flying or on the ground. Then, enter into an aircraft, airport restricted security area, or aeronautical facility area illegally.
"The information we have obtained does not have written permission from the airport authority for this to be done," he said.
Thus, there is a criminal threat that is allegedly violated from the expulsion event.
"What is the criminal sanction, there is a criminal threat of Article 210 which was allegedly violated earlier or Article 344 letter C, then the potential for imprisonment for 1 year if it is related to Article 210 and a fine of Rp. 100 million. Meanwhile, Article 344 carries a threat of 1 year and Rp. 500 million related to fines," he concluded.
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