Constitutional Court Judge Questions Ministry's Oversight of Airline Compensation

Constitutional Court (MK) Justice Saldi Isra has questioned the government’s supervisory role over airline services, specifically regarding the adequacy of compensation for flight delays. Speaking during a judicial review hearing of Law Number 1 of 2009 concerning Aviation in Jakarta on Tuesday, Justice Saldi asked the government’s legal representative whether the Ministry of Transportation had exercised maximum oversight.

He argued that the current compensation, which includes Rp 300,000 for delays of 240 minutes, does not match the potential losses experienced by passengers. Justice Saldi illustrated this by describing a scenario where a passenger plans to fly at 8:00 a.m. to arrive at their destination by 9:00 a.m., with the intention of meeting a client or speaking at a seminar by noon. He stated that it is unreasonable for compensation for such a disruption to be limited to a small sum of money, snacks, or mineral water.

The hearing was part of a judicial review of several articles in the Aviation Law, including Article 146, which addresses compensation for flight delays. Justice Saldi urged the government to explain what measures are being taken to ensure that compensation aligns with the actual or potential losses suffered by consumers.