Constitutional Court Justice Questions Ministry Oversight on Rp 300,000 Compensation

Constitutional Court Justice Prof. Saldi Isra has questioned the Ministry of Transportation's effectiveness in overseeing airline services, particularly concerning passenger compensation for flight delays and rebookings. He specifically asked whether the ministry is fulfilling its supervisory role to its maximum capacity.

Isra's concerns stem from recurring issues in air travel, including significant delays and flight diversions to other airlines within the same group. During a hearing on the judicial review of the Aviation Law, he emphasized that these problems cannot be adequately measured by a simple monetary compensation of Rp 300,000.

The case involves a judicial review of Law No. 1 of 2009 concerning Aviation, specifically articles pertaining to flight delays. The petitioner challenges the norms within these articles, arguing that the government has a duty to protect consumers. Justice Isra pressed for an explanation of the government's actions to ensure compensation aligns with the actual or potential losses experienced by consumers.

The court examined the compensation mechanisms offered by airlines, such as the Rp 300,000 payment for delays exceeding 240 minutes, and lighter compensation like snacks and drinks for shorter delays. Justice Isra argued that the compensation amounts are disproportionate to the inconvenience and losses faced by passengers. He cited an example of a traveler whose schedule, including a crucial business meeting, was severely disrupted by a delay, rendering the offered compensation insufficient.