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National flag carrier’s internet facility licence drew questions


The Banten Journal | Comentary |

The Ministry of Communication and Information allegedly did not consider the 2009 law on aviation in allowing Garuda Boeing 777-300 RPT owned by PT Garuda Indonesia that provides Wi-Fi service during the flight from Jakarta to Jeddah which will start on July 9th, 2013.

In a press release posted on the ministry’s website (kominfo.go.id) as quoted by mediabanten.com, it was mentioned that ministry only considered the 1999 law on telecommunication, in particular Articles 33, 38 and  53.

But,  Gatot S Dewa Broto, the ministry’s spokesmans said in a press release  that there was no offensive cosideration found on the act of the aviation law.

On the Aviation Law itself, Article 54 bans  every person to operate electronic device on board during the flight as it would disturb air navigation. Articlke 55, during the flight, the captain of the aircraft has the authority to take action to ensure the safety, order, and safety of the flight.

Article 306 a; any person is prohibited from using radio flight frequency except for the flight itself. Article 306 b; any person is prohibited to use radio frequency directly or indirectly that interfere with the flight safety.

The Aviation Law contains sanctions in Article 412, paragraph 5; every person on board during the flight who operates electronic devices that interfere with air navigation, as defined in Article 54 f, shall be punished with imprisonment of 2 years or a maximum fine of Rp 200 million.

On the press release, ministry said, the prudence action of in the use of Wi-Fi on the Boeing 777-300ER, or against other aircraft, is based on the 1999 lawccon telecommunications particularly Article 33 point 2 and Article 38.

Article 33 point 2 stated that the use of radio frequency spectrum and satellite orbit has to be intended for the use it self and should not interfere with each other. While Article 38 stated that every person shall be prohibited from the act that can cause physical and electromagnetic interference to the operation of telecommunications. So, if there are certain parties who uses unlicensed radio frequency spectrum, or maybe authorized, but not in the intended of the usage , exceeding the specified power and or using devices that are not officially certified by the ministry will be subject to criminal sanctions.

In the Telecommunications Act, particularly Article 53 point 1 which stated, any person who violates the provisions of Article 33 point 1 or Article 33 point 2, should be sentenced to a maximum four-year jail term or a maximum fine of Rp 400,millions.

Also mentioned in paragraph (2), that if criminal offenses referred to in paragraph (1) resulted in the death of a person, should be sentenced to a 15-years imprisonment. Therefore, the ministry should be fair and  open to any airline, as long as they obey all the rules and regulations without any tolerance at all. (ARE)

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