Rahmannisa Fadhilah

Air travel using airplane is the main choice for passengers who want to travel long distances and requires a relatively short time compared to other types of transportation, but it is not uncommon to encounter problems with this mode of transportation, namely delays or postponements.

The definition of Delay in Article 1 number 30 Law Number 1 of 2009 concerning Aviation ("Aviation Law") is a circumstance where there is a difference of time between scheduled departure or arrival and the actual time of departure or arrival.

Consumers who experience plane delays can claim the rights and compensation provided in accordance with the relevant provisions.

Referring to Article 2 Minister of Transportation Regulation Number PM 89 of 2015 Handling Flight Delays (Delay Management) in Scheduled Commercial Air Transport Business Entities in Indonesia (“MT 89/2015”), airplane delays in scheduled commercial air transportation business are divided into 3 categories, namely:

A.      Light delays (flight delayed);

B.      Not carrying passengers for reasons of aircraft capacity (denied boarding passenger); and

C.       Flight cancellation.

Flight cancellation is defined as the non-operation of a flight in accordance with a planned flight plan in Article 1 number 7 of MT 89/2015.

According Article 7 MT 89/2015, Air Transport Business Entities (airlines) are required to provide information on flight delays, the passengers are informed of this information by specially designated personnel stationed in the airport waiting area.

Article 3 MT 89/2019 explains further regarding of the delay categories, specifically:

a.       Category 1, delay 30 minutes to 60 minutes;

b.       Category 2, delay 61 minutes to 120 minutes;

c.       Category 3, delay 121 minutes to 180 minutes;

d.       Category 4, delay 181 minutes to 240 minutes;

e.       Category 5, delay of more than 240 minutes; and

f.        Category 6, flight cancellation.

Compensation for consumers for flight delays is regulated in Article 9 of MT 89/2015, with details:

a.       Category 1, compensation in the form of soft drinks;

b.       Category 2, compensation in the form of snack box;

c.       Category 3, compensation in the form of heavy meal;

d.       Category 4, compensation in the form of snack box and heavy meal;

e.       Category 5, compensation in the form of monetary reimbursement in the sum of Rp300,000.00 (three hundred thousand rupiah);

f.        Category 6, Air Transport Business Entities (airlines) are obliged to divert to the next flight or return the entire ticket cost (refund ticket); and

g.       For delays in category 2 to category 5, passengers can be transferred to the next flight or return the entire ticket cost (refund ticket).

The compensation for consumers affected by flight cancellations such as category 6 can be provided in the form of a transfer to the next flight or a refund of the entire ticket cost.

It can be concluded that the rights of airplane passengers who experience delays can be in the form of providing drinks, food, flight diversions, or refunds of ticket costs depending on the category that has been determined.