Vol. 4, Issue 6 (2018)
Aviation safety legal review based on act number 1/2009 related with the authority of local government and passenger protection in air transport business activities
Author(s): Jopie JA Rory, J Ronald Mawuntu, Wulanmas APG Frederik, Flora P Kalalo
Abstract: Based on Act Number 1/2009 on Aviation, it is known that aviation safety is essentially the realization of airspace, aircraft, airport, air transport, air navigation, and other supporting factors that complement each other. Several cases or facts that can be categorized as violations by the carrier are not providing aviation safety and security to passengers, namely, the occurrence of a plane crash causing deaths and/or defects to passengers, flight cancellations, delays, loss or damage of baggage of passengers, poor service, unclear information about services offered, etc. As revealed from the monitoring of the National Consumer Protection Agency (NCPA), it is recorded that about six airlines namely Air Asia, Lion Air, Garuda, Sriwijaya Air, Merpati and Susi Air are usually complained about by customers. Based on this background, the statements of problems are: 1). What is the position of the Indonesian Aviation Navigation Service Provider and Aviation Safety Supervisory Board in realizing aviation safety? And 2) What is the Authority of the Regional Government regarding the policy and regulations of spatial arrangements to realize the safety of aviation? The research approach used in this study is Juridical Normative. The results of this study indicate that first, with the enactment of regional autonomy in accordance with Act Number 23/2014, the Regional Government also has the authority in the air safety guarantee system. Such authority is related to the authority of infrastructure and spatial support facilities and spatial authority in the territory of the Airports; and second, the Authority of the Regional Government concerning the policy and regulations of spatial arrangement to realize the safety of the flight is to control the area of the airport's interest environment, the regional government shall establish a detailed spatial plan of the area around the airport by taking into account the master plan of the airport and the national master plan of the airport. The regional authority in this case is the development and maintenance of the airport environment in accordance with Government Regulation Number 70/2012 on the Development and Conservation of the Environment of Airports.