APPLICATION OF SUBROGATION IN CASE OF COMPENSATION TO THE HEIRS OF SRIWIJAYA AIR SJ-182 PLANE CRASH VICTIMS

Abstract

The invention of airlines as a mode of transportation has made transnational mobility much more efficient than ever. The super high speed technically imperative for air travel without any pivot attached to the grounds makes the vehicle control a difficulty, especially when factoring in various determinants for example, technical failure, bad weather, errors or lack of experience on the part of the pilot. The amount of casualties and the risk of financial loss posed by a single doomed flight, although with number of occurrence lower than road traffic accidents, render it one of the unforeseen events worthy of coverage by travel insurance i.e., to ease the burden of air carriers’ liability in an eventual disaster. In the past, unfortunately, there have been cases where (the heirs of) disaster victims tried and filed compensation claims to several parties they considered capable of being held responsible and milked for indemnities, among others, airlines and travel insurance providers, as well as aircraft manufacturers. Therefore, with the recent disaster involving Sriwijaya Air SJ-182, this study was conducted to analyze the rights due to the legacy of victims of aviation disasters in Indonesia. The results showed that they were eligible to receive compensation from airlines, in addition to cash benefits from PT. Jasa Raharja, and other benefits and/or insurance packages obtained by disaster victims, if any.