Airplane accident investigation<\/p>\n
From Media Indonesia<\/p>\n
A news item on page 24 of Media Indonesia of Oct. 7, 1997
\nheadlined Sikado rejects police involvement in unraveling GA 152
\nCase has set me reflecting upon the bad luck of the police
\nbecause the authority given them by the law can be canceled
\nsimply through the statement of an official.<\/p>\n
Prior to the Afro-Asia Conference in 1955 a Kashmir Princess
\naircraft crashed into the sea around Natuna. Police investigation
\nlater proved that the aircraft had been sabotaged. Evidence
\ncollected from this investigation is on display at the Police
\nMuseum, Jl. Trunojoyo 3, Kebayoran Baru.<\/p>\n
Article 6 of Law No. 8\/1981 stipulates that investigators are
\nIndonesian police officers or certain civilian officials (PPNS).
\nArticle 7 paragraph (2) stipulates that PPNS must exercise their
\nauthority under the coordination of police investigators, while
\nArticle 107 paragraph (1) states that police investigators will
\nhelp PPNS and give them directive, while paragraph (2) states
\nthat if a crime should be assumed to have been committed and
\nstrong evidence is present for the case to be brought to a public
\nprosecutor, PPNS must report this to police investigators.
\nArticle 52 of Law No. 15\/1992 confirms the police role as
\ninvestigators. It also states that PPNS within the ministry of
\ntransportation may be authorized to act as investigators. So if
\nthe GA 152 air crash has any indication of a criminal act, police
\ninvestigators are authorized to investigate. To ascertain whether
\nor not there is a criminal act, the police, by virtue of Article
\n4 of the criminal procedural code, act as both investigators and
\ndetectives\/examiners.<\/p>\n
Article 34 of Law No. 15\/1992 on aviation states that the
\ngovernment will examine the causes of an air crash in the
\nterritory of the Republic of Indonesia. It stresses that the
\ngovernment undertakes examination, not investigation. The
\nclarification of this article states that this examination will
\nbe conducted by a committee comprising experts on aviation and
\nother areas. Clearly, the Minister of Transportation Decree No.
\nSK.2\/HK.601\/PHB-997 is related to Article 48 of Law No. 15\/1992.
\nIt is also explained that all data collected during the
\nexamination will not be used to assign blame for the crash, but
\nrather to prevent a similar air crash from happening. So the
\ncommittee will not conduct any investigation but will, instead,
\nexamine the causes of the accident. If during the examination,
\nthere are indications and\/or evidence of a criminal act, these
\nmust be passed on to the investigators. Of course, the
\ninvestigators must not simply wait for evidence from the
\nexaminers. They are authorized by the law to actively seek
\nnecessary information and data.<\/p>\n
Clearly, a deviation from the prevailing laws is only possible
\nthrough the law, not through a statement or a decree.<\/p>\n
The statement of the Director General of Air Transportation
\nmust spur all investigators to be more professional.<\/p>\n
Prohibiting the police to carry out an investigation will not
\nsettle the problem but will rather complicate it. The ministry of
\ntransportation deserve praise for setting up a combined team. In
\nthis way both examiners and investigators will discuss together
\nthe causes of the air crash. If there is indication of a criminal
\nact, further investigation can be conducted.<\/p>\n
KOEPARMONO IRSAN<\/p>\n
Jakarta<\/p>", "url": "https:\/\/jawawa.id\/newsitem\/airplane-accident-investigation-1447893297", "image": "" }, "sponsor": "Okusi Associates", "sponsor_url": "https:\/\/okusiassociates.com" }