Air crash victims may sue aircraft manufacturers

Jakarta (ANTARA) - Victims of aviation accidents or their heirs may claim compensation or damages not only from airlines but also from the manufacturers of aircraft.

‘We want to broaden Indonesians’ understanding that when an aircraft accident occurs, manufacturers are also responsible due to defects in the products they produce,’ said aviation law practitioner Columbanus Priaardanto after the book launch Tanggung Jawab Hukum Produsen Pesawat Udara terhadap Korban Kecelakaan dalam Penyelenggaraan Penerbangan in Jakarta, on Thursday.

Columbanus Priaardanto, a legal practitioner and aviation law observer, co-authored the book with Tarumanagara University Rector Prof Amad Sudiro.

He said Indonesians must be aware that in an aircraft accident, the manufacturer is responsible if the cause is due to defects in the products they produce.

‘So far, the blamed party has always been the pilots or other factors, and the bereaved heirs only receive condolence money under Law No. 1 of 2009 on Aviation. In fact, victims can also sue the aircraft manufacturer,’ he said.

He added that in aviation operations there is the concept of ‘strict liability’, a general principle in consumer protection law.

Strict liability is the legal doctrine that requires a person or corporation to be responsible for damages arising without the need to prove fault (intent or negligence / liability without fault).

According to him, the manufacturer of a product is responsible for defects in that product, enabling legal action.

‘This is a concrete effort to prevent consumer disputes arising from incidents caused by product defects,’ he said.

In the book, Tanggung Jawab Hukum Produsen Pesawat Udara terhadap Korban Kecelakaan dalam Penyelenggaraan Penerbangan, they take the Sriwijaya Air SJ182 crash as a case study, and dozens of heirs of the victims sued Boeing Company.

‘Mereka semua mendapatkan dana kehilangan dari produsen pesawat,’ he said.

He cited an example of a retired grandmother with one child who became a victim together with a neurosurgeon earning Rp150 million a month.

Of course, from these two victims, there are two different losses to be compensated if both were involved in the air crash.

Needs adoption

Meanwhile, Tarumanagara University Rector Prof Amad Sudiro added that through this book Indonesian society as consumers would realise that accountability for aircraft accidents is not only on the airlines as carriers but also the business operators, i.e., aircraft manufacturers, who can be held accountable if there are product defects.

‘We want victims to receive full rights from both the airline and the aircraft manufacturer in the event of an accident,’ he said.

He recommended revision or evaluation of regulations related to aviation safety, including accountability in the conduct of air travel.