Functionalization of Criminal Sanctions Against Negligence in Aircraft Inspection in The Lion Air JT610 Case

DOI

10.2991/assehr.k.220404.106How to use a DOI?

Keywords

Lion JT 610; Aircraft; Airplane accident

Abstract

One of the factors resulting from an airplane accident can be caused by the negligence of aircraft personnel in carrying out their duties. Negligence/omission (culpa) in criminal law is an action that should be done carefully but does not do it or lacks attention to the consequences that arise. If aircraft personnel commit negligence in the inspection of aircraft that results in a fatal accident then they must obtain a penalty by existing regulations. In particular, criminal sanctions related to aircraft are regulated in Undang-Undang Nomor 1 Tahun 2009 Bab XXII Pasal 401 to Pasal 443 and Kitab Undang-Undang Hukum Pidana (hereinafter referred to as the KUHP) Bab XXIX A concerning Aviation Crimes and Crimes Against Facilities Pasal 479a-Pasal 479r. Based on the supporting facts (contributing factors), one of the causes of the crash of the Boeing 737-MAX registration PK-LQP with flight number JT-610 belonging to Lion Air crashed in the Java Sea was an AOA miscalibration of 21 ° (twenty-one degrees). The results of the NTSC investigation also found that the replacement AOA sensor installed on the JT 610 aircraft experienced a calibration error due to inadequate repairs carried out in Florida, resulting in miscalibration. Based on this incident, Lion Air ensured compensation for the victims of the JT 610 plane crash by the Regulation of the Minister of Transportation Number 77 of 2011 concerning the Responsibilities of Air Transport Carriers. In Pasal 3 PM 77/2011, it is stated that passengers who died on the plane due to accidents or events that are solely related to air transportation will be compensated for Rp 1.25 billion per passenger.

Copyright

© 2022 The Authors. Published by Atlantis Press SARL.

Open Access

This is an open access article distributed under the CC BY-NC 4.0 license.

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TY  - CONF
AU  - Sulaiman Hadaya Ilham
AU  - Ade Adhari
PY  - 2022
DA  - 2022/04/21
TI  - Functionalization of Criminal Sanctions Against Negligence in Aircraft Inspection in The Lion Air JT610 Case
BT  - Proceedings of the 3rd Tarumanagara International Conference on the Applications of Social Sciences and Humanities (TICASH 2021)
PB  - Atlantis Press
SP  - 677
EP  - 683
SN  - 2352-5398
UR  - https://doi.org/10.2991/assehr.k.220404.106
DO  - 10.2991/assehr.k.220404.106
ID  - Ilham2022
ER  -