Airlines Required to Pay Compensation for Flight Delays

The Indonesian House of Representatives (DPR) has reminded the government of its obligation to periodically evaluate the amount of compensation for flight delays, as mandated by the Aviation Law. The mandate for periodic evaluation is stipulated in Article 172 of Law Number 1 of 2009 concerning Aviation. “Article 172 of the Aviation Law mandates the minister in charge of aviation affairs to evaluate the amount of compensation at least once a year,” said DPR RI legal counsel Martin Daniel Tumbelaka during a hearing at the Constitutional Court (MK) in Jakarta, Monday (20/7). Martin, who attended the hearing online, stated that the provision of compensation is dynamic and aligns with the fulfilment of justice for both passengers and airlines. The compensation system for delays in the Aviation Law, he continued, is designed not to be static and can always be adjusted to economic developments, the standard of living of the people, and the business conditions of air transport services. He explained that many variables can determine the amount of loss experienced by passengers. These variables include not only the duration of the delay and the flight route but also the time of the delay, the availability of alternative modes of transport, delays on connecting flights, and other variables that affect the amount of loss suffered by passengers. “Article 170 of the Aviation Law delegates further regulation in a ministerial regulation,” he said. The form of airline accountability is directed through a compensation mechanism regulated in Article 170 of the Aviation Law. Through this settlement mechanism, he continued, the fulfilment of compensation for passengers can be carried out more quickly, easily, and efficiently. He also stated that the model for calculating the amount of compensation due to flight delays in the Aviation Law is not intended to be limited to certain variables, so it needs to be further regulated through the implementing regulations of the Aviation Law. “In addition, there is an obligation to evaluate the amount of compensation periodically to ensure the amount of compensation remains relevant for passengers and airlines,” said Martin. The DPR’s statement was delivered in the fifth hearing of the judicial review of the Aviation Law requested by nine advocates and two law students. Petition Number 190/PUU-XXIV/2026 reviews the material of Article 146, the elucidation of Article 146, Article 170, and Article 176 of the Aviation Law. In their petition, the applicants claimed to have experienced flight delays. They argued that Article 146 of the Aviation Law has created legal uncertainty and an unbalanced position. On one hand, the article frees the carrier (airline) from responsibility, but on the other hand, it does not regulate the mechanism for the airline to submit evidence of the delay, such as the obligation to include an official statement from the relevant agency.