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THE PROTECTION OF CONSUMER RIGHTS FOR AVIATION SAFETY AND SECURITY IN INDONESIA AND MALAYSIA 

Abstract: 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.
Keywords:  Consumer rights, protection, aviation safety.

INTRODUCTION
Indonesia and Malaysia are neighbour which have a lot of business cooperation in joint venture commercial flights, for example PT. Indonesia Air Asia and Malindo Air (Malaysia Indonesia). Both industrial aviations are low-cost carrier, known as no frill. The joint venture has make a history reflecting tight relationship between the two states.
The concept of low-cost carrier  is enjoyed not only for high-class income but also for lower-class income.  Thus, flight tariff influences the demand for flight ticket in Indonesia and Malaysia.
In order to increase the business, the industrial aviation in Indonesia and Malaysia must consider high market share, although it is also has intense competition and high risk. Many commercial airlines in Indonesia are insolvent because they do not have ability to compete, therefore it affects to the industrial aviations are unable to operate.
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. Air Asia also suffered financial loss as a result of the flight accident in AirAsia Indonesia QZ8501 route Surabaya-Singapura on 28 December 2014 and the disappearance of MH 370 on 8 March 2014 from Kuala Lumpur to Beijing. 
The growing of industrial aviation in Malaysia can be seen by establishing some  industrial aviations, for example  Berjaya Air, Eaglexpress, Firefly, Malindo Airways, MASwings, MHS Aviation, Sabah Air, and Weststar Aviation.
Aircraft business is more preferable for consumer than other transportation system. The most reason for consumer is time efficiency. Thus, aircraft transportations both in Indonesia and Malaysia are 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. 
Aircraft transportation are more  beneficial related to time and security system than other transportation systems. On the one hand, benefit are the first aim for the enterprises in Indonesia and Malaysia, but on the other hand the protection for rights such as safety and security must not be abandoned. These rights, safety and security factors, are compulsory for every enterprises in all services (maximum, middle and minimum services or no frill).
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) against other party, the enterprises as a trader. Consumer stipulates the enterprises provide safety which suitable with their requirements and provide optimum services. 
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.

ANALYSIS AND DISCUSSION

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 is a condition providing protection to aviation against any violation of law(s) through integrated utilization of human resources, facilities and procedures. Furthermore, the definition of security and safety in the Government Regulation Number 3 of 2001 on Aviation Security and Savety is a condition for safe and secure flight operation in accordance with the flight plan. In the same regulation, aviation security is a condition that is realized through free flight operations free from disturbances and/or acts against the law.
Aviation safety in the Aviation Law 2009 is a condition meeting safety requirements of utilization air/space territory, aircraft, airports, air transportation flight navigation and supporting facilities and other general facilities. Moreover, Aviation safety according to the Government Regulation on Aviation Security and Savety is condition that is realized through the organization of smooth flights in accordance with the operations procedures and technical feasibility requirements towards the facilities and infrastructure and their supports.
 Aviation security and safety have important and strategic roles in the aircraft management, thus a state has an authoriy for the aircraft management. Government is the representatieve 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.
For implementing Article 100 the Aviation Law 2009 on scheduled commercial air transportation entity is stipulated under the Minister of Transportation Regulation No. 38 of 2015 concerning A Standard Services for Aircraft Passenger in Indonesia.
According to the Minister of Transportation Regulation, a standard of aircraft passenger services in airport are hendled by ground handling service, include:
1.	Safety services, include:
a.	Information and security (information of availability rescuing emergency tools (fire, accident, or natural disaster). For example: road markings, warning traffic light, fire extinguishers (hydrant pilar and APAR), emergency door, emergency exit sign, emergency lamp, fire detection and alarm system and assembly point.  A party who has 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 serves 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.
2.	A standard of safety services for air passenger in aircraft, covers:
a.	Information and safety equipment (the availability of information and the safety equipment for air passenger). For example, information and safety equipment that is easily visible and affordable, include: emergency instructions card, flight safety book, prayer cards, life jacket in accordance with passenger capacity, oxygen masks equal to passenger capacity, lanes and emergency doors. This equipments are functionable and in good condition.
b.	Medical equipment (the availability of medical equipment used for emergency situations). For example, medical equipment in the form of First Aid.
Before the plane took off, flight attendants will demonstrate the use of such equipment in case of emergency situation and the storage of the equipment. 

Concerning to aviation safety and security, every aircraft enterprise must be enlisted by IATA for Operational Safety Audit (IOSA)  as well as IATA Standard Safety Assessment (ISSA). IOSA is an operational safety audit globally focused to operational quality as well as safety management and supervision. For audit, IOSA responsible for flight operation, organization and management system, maintenance of aircraft and aircraft engines, flights departure, checking the cabin, cargo processing and operational security as well as ground handling. The aircraft company if it has met security standards and safety, will receive a certificate Operational Safety Audit (IOSA) from IATA. This means that the company has fulfilled the standard of safety and security International.
Some airlines in Indonesia have received IOSA certification such as PT. Garuda Indonesia, and PT.  Batik Air Indonesia. Meanwhile, PT.  Sriwijaya Air, PT. Citilink  and Lion Air Group (Lion Air, Wings Air, Malindo Air, Thai Lion) officially registered in IATA Operational Safety Audit (IOSA) and IATA Standard Safety Assessment (ISSA).

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 relation between nations, as well as Indonesia already has air transport agreements with 67 countries including Malaysia.
Scheduled commercial air transport consumers certainly wish to arrive safely 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. But on the other hand, consumers also have obligations to read or follow instructions and procedures of aviation services, for security and safety.
The Protection of consumer rights related to safety flight, described as follows:
1.	Flight operaation
The Operation of an aircraft may endanger the safety of passengers as it fly beyond the specified path, do not carry safety equipment, and fly over the airspace prohibited according to Article 53 the Aviation Law 2009. If Article 53 the Aviation Law 2009 is violated then, the airlines penalized imprisonment of 2 (two) years and a maximum fine of Rp 500,000,000.00 (five hundred million rupiah).  In the explanation of Article 53 the Aviation Law 2009 noted that activities that endanger the safety of such aircraft, cover: flying outside specified path, do not carry safety equipment, and flying over a forbidden area.
Related to the aviation safety and security, a pilot as captain on the flight shall be dismissed for violating aviation safety and security procedures because he potentially endangers other passengers and flight attendannts, such as the dismissal of Citilink Airline’s pilot on December 30th, 2016.

2.	Flight safety standards
Rights for passenger related to aviation safety and security under the Aviation Law 2009 stated that airlines in Indonesia shall comply with the standards of aviation safety and security. Thus, the airlines in Indonesia with any type of service (no frill) shall comply the standards of aviation safety and security. Although it is a minimum service flight, passenger safety remains a priority.

3.	Incorrect Information
At the end of 2015 to 2016 waas often heard incorrect informations associated with bombs at the airport. 
In respect of incorrect information about the presence of bombs at the airport, the Aviation Law 2009 provides preventive protection to consumers related to aviation safety and security as user services. 
The Ministry of Transportation of the Republic of Indonesia noted that there are 15 (fifteen) jokes related to bombs threat between the years at several airports in Indonesia (Schedule. 1). It is unknown how the implementation of the sentence to the passengers (consumers) who spread false information? According to Article 437 the Aviation Law 2009, parties that led to false information (a joke) at the airport and in an aircraft may be subject to a maximum of one year imprisonment. 

4.	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. Violation of the law may subject to imprisonment for a period of two years or a maximum fine of Rp. 200,000,000. (two hundred million rupiah).
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. 

5.	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 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.
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. 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: 
i.	the program of aviation security in the international level (ICAO- International Civil Aviation Organization),
ii.	Standards for flight security measures,
iii.	set the security program quality services and training, and
iv.	determine who has the responsibility for coordinating and monitoring the implementation of aviation security program in accordance with the mechanism.

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). Kennedy acknowledges that consumers are the largest economic group in a country that will receive the impact of every public and private economic decision.
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 services that do not comply with safety standards prescribed under article 19.
Consumers struggle has attracted government attention to change legislation based on consumer protection. 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).
In this case the issue of consumer rights associated with concept of safety flight and flight instruments at national and international level.
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 Warsaw Convention of 1929, the 1944 Chicago Convention and the Montreal Convention 1999 likewise with Indonesia. The International conventions have been used as a reference to create several legislations related to aviation in Malaysia, for example the Air Transportation Law 1974 (amendment) 2007 [the Act 148] is a regulation to enforce the conventions 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.
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 dynamic and signature.
Meanwhile, some legislation on flights in Malaysia is governed by the following rules:
1.	Civil Aviation Act 1969 [Act 3]. This rule serves to regulate the national aviation law such as the role of the Director General of Civil Aviation, licensing airlines and so on.
2.	The Air Transport Act 1974 [Act 148] is a specific law to enforce the Convention related to air transport and to provide things associated therein
3.	The Act of Error Flights 1984 [Act 307] is a specific law to enforce the Convention on errors and other acts committed in aircraft, signed in Tokyo on September 14, 1963. Also following conventions: the Convention for the Suppression of Unlawful Seizure of Aircraft signed at The Hague on 16 December 1970, the Convention for the Suppression of Unlawful Acts Against the Safety of Civil Aviation signed in Montreal on September 23, 1971, and the Protocol for the Suppression of Unlawful Acts of Violence at Airports Serving International Civil Aviation, agreed at Montreal on February 24, 1988.
4.	The Airport and Aviation Services Law 1991 [Act 467], is a law to protect assets, rights and obligations of the Government of Malaysia relating to civil aviation in a company, to make the provision of finance for the company, to provide related to staff and for other related matters.
5.	The Law Regarding to the International Interests In Aircraft 2006 [Act 659], is an act to implement the Convention on Aviation, and the Protocol of the Convention on International Interests on aviation to Specific Matters in the  Aircraft, and the similar rules. It was signed in Cape Town on 16 November 2001.
6.	The Civil Aviation Regulations 1996.

CONCLUSION
In the context of consumer protection associated with sonsumer 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 savety 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.

REFERENCES

Table 1
Information of Fake Bomb at the Airport in Indonesia
Date event	Initial	Airline	Destination	
April 29 th, 2015	IY	Batik Air  ID6870	Cengkareng - Palembang	
May 1st,2015	NA	Lion Air JT353	Padang-Cengkareng	
May 4 th, 2015	SMS.	Lion Air J973	Batam-Medan	
May 7 th, 2015	SS	Lion Air JT0973	Batam-Cengkareng	
May 30th, 2015	BP	Lion Air JT330	Cengkareng-Palembang	
September 7 th, 2015	JH	Lion Air JT770	Cengkareng-Manado	
September 30 th, 2015	FJZ	Citilink QG143	Kualanamu-Halim Perdanakusuma	
Oktober 11th, 2015	RI	Lion Air JT775	Sam Ratulangi Manado-Cengkareng	
December 2nd, 2015	NP	Lion Air JT706	Surabaya-Makassar.	
December 24 th, 2015	K	Lion Air JT706	Cengkareng-Taipei	
December 25 th, 2015	H	Lion Air JT544	Cengkareng-Yogyakarta	
December 26 th, 2015	EH, F, M	Batik Air ID6541	Kupang-Cengkareng	
December 31st, 2015	AS	Lion Air JT536.	Cengkareng-Solo	
January 3rd, 2016	JM	Lion Air JT663	Balikpapan-Ujung Pandang	
January 4 th, 2016	SWKS	Airfast VS221	Surabaya-Timika