Jakarta –
The Batik Air airline won against passenger Palmer Situmorang regarding a Rp 500 billion lawsuit. Where Palmer sued Batik Air regarding missing the plane so that Palmer was not transported.
This was stated in the decision published on the website of the Supreme Court (MA), Tuesday (11/4/2023). Where the dispute started when Palmer and his family ordered Batik Air tickets to go from Jakarta to Medan on March 22 2019. According to schedule ID 6882, Batik Air will fly at 06.45 WIB.
At 06:15, Palmer entered the waiting area at the E5 suit boarding pass. In the waiting process, there was a miscommunication. Palmer quickly got on the bus to approach the parked plane and found that the plane’s door had been closed.
Batik Air provides the next flight option, namely at 09.20 WIB. Palmer did not accept and sued Batik Air, namely a material loss of IDR 1 million and an immaterial IDR 500 billion. If granted, the Rp. 500 billion will be used by Palmer to provide free legal assistance.
In his answer, Batik Air stated that all procedures related to the flight of the Batik Air flight ID-6882 to Jakarta-Medan on March 22 2019 had been carried out by Batik Air. Start from process check-in, boarding, until the plane takes off.
As for the passengers who missed the flight at that time in case The Plaintiff allegedly because the Plaintiff was not in the prepared waiting room, namely the Gate, so the Plaintiff did not hear or know that the passengers had been invited to board the plane.
“Although the Plaintiff was allegedly negligent, for this incident the Defendant has provided a policy so that the Plaintiff still departs on the next closest flight, namely at 09.20 WIB,” said Batik Air, who gave power of attorney to Dr Harris Arthur Hedar.
After conflicting evidence at trial, the Central Jakarta District Court (PN Jakpus) rejected Palmer’s lawsuit in its entirety. The Central Jakarta District Court considers that Palmer failed to prove the argument for his lawsuit.
This decision was upheld by the Jakarta High Court (PT) on September 2, 2021. Palmer did not accept it and filed an appeal.
“Rejecting the cassation request from the cassation applicant,” said the cassation panel chaired by Ibrahim with members Haswandi and Nani Indrawati.
These are the cassation considerations in favor of Batik Air:
Whereas the actions of the Plaintiff who did not enter the waiting room that had been provided but waited in the corridor that approached the E 5 waiting room so that later the Plaintiff did not receive or did not hear the information conveyed by the Defendant, cannot be used as a legal reason for the Plaintiff to file a lawsuit against the law , because this actually happened due to the negligence of the Plaintiff himself who did not wait at the place provided by the Defendant, as was done by the other passengers.
See also ‘When Kaesang’s Suitcase Gets Lost, Batik Air Conducts an Internal Investigation Process’:
(asp/zap)
