Airlines Required to Pay Compensation for Flight Delays
The House of Representatives of the Republic of Indonesia (DPR RI) has reminded the Ministry of Transport of its obligation to conduct periodic evaluations of the amount of compensation for flight delays, as mandated by the Aviation Law. The requirement for periodic evaluations is set out in Article 172 of Law Number 1 of 2009 on Aviation.
“Article 172 of the Aviation Law mandates the minister in charge of aviation affairs to conduct an evaluation of the amount of compensation at least once a year,” said Martin Daniel Tumbelaka, counsel for the DPR RI, during a hearing at the Constitutional Court (MK) building in Jakarta on Monday (20/7).
Martin, who attended the hearing online, said the determination of compensation amounts is dynamic and aligned with upholding fairness for both passengers and airlines.
He said the compensation system for delays under the Aviation Law was designed not to be static, and can always be adjusted in line with economic developments, society’s standard of living, and the condition of the air transport services industry.
He explained that many variables can determine the extent of losses suffered by passengers. These variables include not only the duration of the delay and the flight route, but also the time at which the delay occurs, the availability of alternative transport modes, delays to connecting flights, and other variables that affect the amount of loss suffered by passengers.
“Article 170 of the Aviation Law delegates further regulation to a ministerial regulation,” he said.
The form of airline accountability is directed through the compensation mechanism set out in Article 170 of the Aviation Law. Through this settlement mechanism, he added, compensation for passengers can be fulfilled more quickly, easily and efficiently.
He also said the model for calculating compensation for flight delays under the Aviation Law is not intended to be limited to specific variables, and therefore needs to be regulated further through implementing regulations.
“In addition, there is an obligation to evaluate the amount of compensation periodically to ensure it remains relevant for passengers and airlines,” said Martin.
The DPR’s statement was delivered at the fifth hearing of the judicial review of the Aviation Law, petitioned by nine advocates and two law faculty students.
Application Number 190/PUU-XXIV/2026 seeks a judicial review of Article 146, the elucidation of Article 146, Article 170, and Article 176 of the Aviation Law.
In their petition, the applicants stated that they had experienced flight delays. They argue that Article 146 of the Aviation Law has given rise to legal uncertainty and an unbalanced position, as on the one hand the provision exempts the carrier (airline) from responsibility, while on the other it does not regulate a mechanism for airlines to submit evidence of the delay, such as an obligation to attach an official statement from the relevant authority. (Ant/P-3)