The Protection of Consumer Rights for Aviation Safety and Security in Indonesia and Malaysia

Indonesia and Malaysia have a good potency for cooperation in aviation industry. It can be seen in the establishing two aviation companies namely PT. Indonesia Air Asia and Malindo which both are low-cost carrier. These aviation industries are categorized as low-cost carrier, however safety and security are absolute factors because these are rights for consumers. This article will describe further about safety and security standard; protecting the rights for consumers in connection with safety aviation in Indonesia and Malaysia from the Consumer Protection Law and the Aviation Law. As a result of the research shows that safety standard passenger for air transportation in airport covers information and safety facility in the shape of availability of the emergency safety tools (fires, accidents and natural disasters); information, area and health facility; and healthcare workers. Moreover, safety standards for passenger in an aircraft include information and safety facility in the shape of availability information and the emergency safety tools for passenger in an aircraft. The protection for consumer rights for safety flight in Indonesia as follows: aviation industry has obligation to fulfill minimum standard of safety and security; consumers must be safety from false information which raises concern; aircraft operation which endanger of the passenger; and consumer protection in operating the electronic device which endanger flight. On the other hand, the law of consumer rights in Malaysia relating to aviation are ruled under the Aviation Law as a result of the Warsaw Convention 1929. In conclusion, the verdict of consumer rights related to security aviation begins when the passenger enter to an aircraft, in the aircraft, and by the time they get off the plane.


INTRODUCTION
Indonesia and Malaysia are neighbour which have a lot of business cooperation in joint venture commercial flights, for example PT. Indonesia Air Asia 1 and Malindo Air 1 Kisah Sukses Bos Air Asia, http://kisah-orang sukses. blogspot.com/2013/10/kisah-sukses-bosair-asia.html (retrieved: July 14, 2014). In 2004, Air Asia constitute joint venture enterprise in Indonesia. Air Asia control 49% shares. In Indonesia, Air Asia venture with PT. Awair to perform low-cost carrier under the name of Indonesia Air Asia. For example, Indonesia Air Asia operated using code QZ7558 (CKG-JOG). ISSN Print: 2541-5298 ISSN Online: 2541 [21 -34] The Protection of Consumer Rights for Aviation Safety and Security in Indonesia and Malaysia [ 22 ] Sriwijaya Law Review " Vol. 1 Issue 1, January (2017) (Malaysia Indonesia). 2 Both industrial aviations are low-cost carrier, 3 known as no frill. The joint venture has make a history reflecting tight relationship between the two states. 4 The concept of low-cost carrier is enjoyed not only for high-class income but also for lower-class income. 5 Thus, flight tariff influences the demand for flight ticket in Indonesia and Malaysia. 6 In order to increase the business, one on the hand, the industrial aviation in Indonesia and Malaysia must consider high market share, 7 although it is also has intense compe- On the other hand, the role of online booking is recognized by airlines to increase potential growth based on their survey, especially for their marketing. 10  seen in the Middle East, for example, online booking for low-cost carriers must be supplemented by the airlines. 11 The industrial aviation in Malaysia also improves their consumer service to grow up their industry, for instance Malaysia Airline System (MAS) state industrial aviation, and Air Asia, private industrial aviation. 12  growing every year. Competition between aircraft enterprises and high demand must have serious concern from the enterprises particularly safety and security because they constitute consumer rights and must be protected.
The protection for good faith purchaser in sale and purchase agreement, in Indonesia, are secured under Article 1341, 1491, 1492 the Indonesian Civil Code. Furthermore, the agreement must be rational and should be implemented in good faith as provided in the Article l338 paragraph (3) the Indonesian Civil Code. The settings of those chapters are applied for aircraft consumers to get the aviation safety right. 16 Today every country are challenged to improve their science and technology. The mastery of science and technology in every sectors will affect to increase complex in all fields, 17 such as in aviation sector. Time efficiency and technology advancement in aircraft transportation will give benefit to HQWHUSULVH DYLDWLRQ ¶V HDUQLQJV 18 Benefit are the first aim for the enterprises in Indonesia and Malaysia, however the protection for rights such as safety and security must not be abandoned. [ 24 ] Sriwijaya Law Review " Vol. 1 Issue 1, January (2017) These rights, safety and security factors, are compulsory for every enterprises in all services (maximum, middle and minimum services or no frill). 19 The consumer principally are people who must have protection from the law. Thus, the most appropriate approach in this article is normative and authority approach, namely law is positioned to protect consumer as a weak party and need justice (equal possition) 20 against other party, the enterprises as a trader. Consumer stipulates the enterprises provide safety which suitable with their requirements and provide optimum services. 21 This article will discuss minimum services for safety and security in commercial flight. Moreover, the regulation concerning about protection to consumer rights in the light of safety and security in Indonesia and Malaysia are an integral part of this article.

A Standard of Aircraft Passenger Handling Prosedures for Safety and Security in Indonesia
The safety and security for consumer are provided in the Law Number 1 of 2009 concerning Aviation (Aviation Law 2009). Aviation security means a situation providing protections to aviation against any 19 The 2009  Aviation security and safety have important and strategic roles in the aircraft management, thus a state has an authority for the aircraft management. Government is the representative of the state which has a role to develop it in the integrated security and safety civil aviation service system. The developments by the government include arrangements aspect, controling and supervising to the safety and security system for aviation security and safety. responsibility for the safety is airport organizer; b. Information, area and healthy services (related to information, availability of area and healthy services). For example, the availability of health services in the area, the information for health facility is easily visible and affordable, the health facility, such as feasible to use and not expired first aid supplies and operating hours of health services in accordance with the operating hours of the airport; c. Health care workers (the person on duty to handle emergency situations). For example, uniformed medical personnel using identification card that is easily visible. Meanwhile, the type of security services, include: a. The security facility (security facility at the terminal and surrounding area to prevent crimes). For example, proper security facilities and services to prevent crimes namely the existence of CCTV with recording data storage duration of minimum 30 days; b. The security officer (officers keeping order and security at airports). For Example, Aviation Security or AVSEC using the identity card that is easily visible. c. Information security complaint (information to complaint for passenger related to security issues). For example, information in the form of banner contains information where to complaint and a phone number and/or SMS (Call Center) at a strategic and highly visible space.

Consumer Rights Related to Aviation Security and Safety in Indonesia
In Indonesia, commercial air transportation has an important role. It is because Indonesia is located between two continents (Asia and Australia) and two oceans (Indian and Pacific). Thus, this geographical situations make the aircraft business has a strategic position in 35 https://id.wikipedia.org/wiki/Garuda_Indonesia, (retrieved: Dec 28, 2016). 36  Scheduled commercial air transport consumers certainly wish to arrive safety at their destination that is the consumer right. Safety and security arrangements for consumer are stipulated in Article 4 the Law No. 8 of 2009 on Consumer Protection which mention the right to safety, security and convenience in using the services. The users can be considered as consumers aviation. 42 But on the other hand, consumers also have obligations to read or follow instructions and procedures of aviation services, for security and safety. 43 The Protection of consumer rights related to safety flight, described as follows: 40  . The right to comfort, security, and safety in consumption of goods and/or services; b). The right to choose of goods and/or services and obtain goods and/or services in accordance with the exchange rate and conditions and guarantees promised; c). The right to correct, clear and honest information about the condition of goods and/or services;d). The right to be heard their opinions and complaints on goods and/or services used; e). The right to advocacy, protection and settlement disputes of consumer protection; f). The right to receive guidance and consumer education; g). The right to be treated or serviced properly and honestly and not discriminatory; h). The right to obtain compensation, compensation and/or reimbursement, if the goods and/or services received are not in accordance with the agreement or not as accordingly; i). The rights with the provisions stipulated in other laws and regulations. 43 Article 5 (1), Note 42 state that the obligations of the consumer are: a. To read or follow instructions and procedures about the using of information or utilization goods and/or services, for security and safety.

d. Electronic devices operation in aircraft
In Indonesia, the Aviation Law 2009 set the prohibition the operation of electronic equipment by passengers in the aircraft during flight. These acts may endanger flight safety and security and disrupt flight navigation. 52 Violation of the law may subject to imprisonment for a period of two years or 52 Article 54, Note 22 states that any person during flight on an aircraft shall be prohibited to: a.conducting behavior thaat may endanger aviation safety and security; b.violating in-flight procedures; c.taking or damaging aircraft equipment that may threaten safety; d.conducting a-social behavior; e.disturbing peacefulness; and/or f.operating electronic devices that may disturb flight navigation. a maximum fine of Rp. 200,000,000.
(two hundred million rupiah). 53 In addition, in order to maintain safety and security of the passengers before take-off, the flight attendants demonstrated the use of safety devices and provide information to the passengers about how to open windows and doors in case of emergency.

e. Passport
Passenger safety when enter international airport is also governed by Article 8 (1) of the Law No. 6 of 2011 on Immigration, stated that every 53 Pasal 412 (5), Note 22 states that any individual during flight onboard an aircraft operating electronic device(s) that is disturbing flight navigation, as meant in Article 54 point f shall be condemned with imprisonment for a maximum 2 (two) years or a fine of a maximum amount of Rp. 200.000.000,00 (two hundred milion rupiahs).
person entering or leaving Indonesia territory is required to have a valid passport. Nevertheless, forgery of the passport may also occur because of the high demand of migration and driven by the activity of document forgery syndicate at national and international level. 54 Passport is a person's identity and a security tool for a country to filter out people who are not allowed such as illegal immigrants and criminals into the territory of Indonesia. 55 Thus, the consumer rights related to aviation safety are guaranteed under the Law No. 6 of 2011 on Immigration.One function of immigration is the duty of state administration for services and public protection (the explanation of Article 3 of the Law No. 6 of 2011 on Immigration).
Biometric Equipment (validation and measurement using biological characteristics) used in most airports around the world as a consumer safety system at the exit and entry of a country aims to:

Consumer Rights Related to Aviation Safety and Security Legislation In Malaysia
Safety is one of the rights of consumers as John F. Kennedy said (President of the United States of America) in a hearing of the US Congress known as the Consumer Bill of Rights (Kennedy 1962). 57 Kennedy acknowledges that consumers are the largest economic group in a country that will receive the impact of every public and private economic decision 58 Safety for consumer in Malaysia is set under the User Protection Act 1999 [the Act 599], in Part III of the safety of goods and services, in Article 19 states that the Minister may establish safety standards in respect of services or service levels and may specify different safety standards for goods and services or classes of different goods and services.
Thus, the regulation of safety services may also be based on this Article. Furthermore, in Article 20 mentioned that no one was allowed to offer or advertise ser- [ 31 ] vices that do not comply with safety standards prescribed under article 19.
Consumers struggle has attracted government attention to change legislation based on consumer protection. 59 In the interests of consumers of goods and services, the Seventh Malaysia Draft (the RMK 7th) proposed a formulation of the Consumer Protection Act 1999 to ensure safety for consumers when using the services. The government shall amend the Consumer Protection Act to provide appropriate and efficient mechanism for consumers to make claims in case of fraud, injustice and a mistake in a transaction (the RMK 7th: Chapter 16). 60 In this case the issue of consumer rights associated with concept of safety flight and flight instruments at national and international level. 61 Safety is the consumers right should be protected by the service provider in case of emergency. Failure to comply the consumer rights generate responsibility to the service providers, but consumers can also be responsible if they are breaking the law.
Malaysia has ratified and signed several major conventions, namely, the War- with regard to air transport and to organize the provision related to incidental issues. These rules are to oversee the rules and policies established in the flights contract provided by airlines and passenger. 63 One form of protection control of consumer rights for aviation safety in Malaysia is the role of the Department of Aviation led by the Director of Civil Aviation which is expressly stated in Article 2 [c] the Law on Civil Aviation 1969, namely to ensure the development of civil aviation safety and orderly throughout Malaysia.
For controling aviation security, the Ministry of Transport can create rules to guarantee a safety flight and safety for passengers from harm as defined in Article 3 [i] the Civil Aviation Act 1969 which states: "In general, to ensure the safety, efficiency and regularity of aircraft and the safety of aircraft, persons and cargo in it and prevent aircraft from things that harm people and their property´ The implementation to ensure safety flight and passengers when check in at international airport where passengers will pass inspection of biometric machine that can match fingerprint, face shape, eye iris tissue, hand, voice patterns, keystroke dy-62 Certain Conventions is an adaptation from the Warsaw Convention and the Montreal Convention. 63 Preamble Akta Pengangkutan Melalui Udara 1974.
[ 32 ] Sriwijaya Law Review " Vol. 1 Issue 1, January (2017) namic and signature. 64 Meanwhile, some legislation on flights in Malaysia is governed by the following rules:

CONCLUSION
In the context of consumer protection associated with consumer rights of aviation safety in Indonesia and in Malaysia, the appropriate measures should and can be taken to achieve justice in order to protect consumer rights related to aviation safety and security. The Consumer Protection Act and the Aviation Law taking side to the consumer must be clear. The interpretation and scope of protection in the law should not be an instrument for exploiting the consumers. The formulation in the law must be balanced between consumers and aviation company. The consumer protection laws in Indonesia and Malaysia are challenging a sophistication of technology and the impact of globalization.