The Jakarta Post, Jakarta
The Indonesian Pilots Federation is seeking to ensure that the aviation bill does not allow for the criminalization of pilots by police investigations into aviation accidents.
According to International Civil Aviation Organization (ICAO) regulations, investigations into aviation incidents must be carried out by an authorized body, not by criminal investigators.
Indonesia received an official protest from the International Federation of Airline Pilots Associations after an Indonesian pilot reported the police investigation of two Garuda Indonesia pilots over the GA-200 airplane crash in Yogyakarta in March.
The president of the Indonesian Pilots Federation, Manotar Napitupulu, demanded that only National Transportation Safety Commission (KNKT) investigators be granted access to the scenes of airplane accidents.
"If KNKT finds any criminal element to the incident, then the police can come in. Indonesia is an adherent to the ICAO international convention, so we follow international regulations. This is also for the pilot's peace of mind," Manotar said after a hearing on the aviation bill conducted by the House of Representatives Commission V for transportation on Wednesday.
He added that the results of the commission's investigation should not be considered an automatic basis for the police to begin making arrests.
"The police should perform another investigation themselves, from the beginning, only if the commission finds evidence that a crime has occurred. That's the rule," Manotar said.
A pilot who spoke on condition of anonymity said police are not fully qualified to conduct investigations relating to civil aviation safety regulations, which, he added, could trigger "miscommunication" during investigations.
"If there is an incident and the police investigate, it will seem as though we are suspects of a crime. Receiving administrative punishment from the Transportation Ministry affects us enough psychologically, not to mention the threat of the police imprisoning us," he said.
He maintained that the two institutions should perform their investigations separately.
"If the police want to investigate, they should not investigate to determine the cause of the incident, but only to see if an operator has destroyed evidence or if there is any indication of criminal action, sabotage or explosive materials," he said.
Josef A. Nae Soi, a Golkar Party legislator, said that according to the Criminal Code, police had the right to investigate aviation accidents.
"We will adjust the aviation bill to comply with the international convention. We will refer to the existing Indonesian law and make sure it doesn't run against international regulations," Josef said.
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