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Garuda pilot gets two years for negligence
Muhammad Marwoto Komar, the pilot of the Garuda jetliner that crash-landed at Yogyakarta’s Adi Sucipto Airport in 2007, killing 21 people on board — including five Australians — was sentenced Monday to two years in prison for negligence
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Muhammad Marwoto Komar, the pilot of the Garuda jetliner that crash-landed at Yogyakarta’s Adi Sucipto Airport in 2007, killing 21 people on board — including five Australians — was sentenced Monday to two years in prison for negligence.
The Sleman District Court’s panel of judges, presided over by Sri Andini, concluded Marwoto had beyond reasonable doubt violated Article 479G(b) of the Criminal Code on negligence by causing the deaths of others.
“The defendant is guilty as charged, and therefore is sentenced to two years in prison,” Sri Andini said, reading out the court’s verdict.
Marwoto was found guilty of failing to inform co-pilot Gagam Salman R. that the plane was experiencing problems, while he still had two minutes to do so before being forced to crash-land.
As a consequence, there was no communication with air traffic control at Adi Sucipto Airport regarding the problem, leaving the airport unprepared for an emergency landing.
Should the information have been given, the judges went on, fire engines could have been readied on the runway to prevent the
plane bursting into flames, or at least keep the fire from burning out of control.
The sentence handed down to Marwoto was two years lighter than that sought by prosecutors.
“We’re considering [appealing] the verdict,” said lead prosecutor Mudin Aristo.
The verdict was reached in a split decision, with judge Aris Bawono Langgeng presenting the sole dissenting opinion that Marwoto be released from all charges.
Aris said the crash landing was not made on purpose, and that all procedures had been carried out according to prevailing regulations.
Responding to the verdict, Marwoto’s lawyer M. Assegaf said he would appeal.
“The case should not have been tried under that article [479G(b)], which is used to regulate terrorists. Captain Marwoto is not a terrorist,” he said.
Garuda Pilots’ Association president Stephanus Gerardus agreed, saying the case should not have been tried in a criminal court but in a flight profession court instead.
Napitupulu, from the Federation of Indonesian Pilots, also chimed in with similar sentiments.
“Only if there is a criminal element can such a case be referred to a criminal court,” Stephanus said.
He added the use of the Criminal Code in the case could threaten pilots’ professionalism and flight security.
“Pilots will be afraid to land their planes because of the threat of imprisonment,” he warned.
The panel of judges, however, argued that institutionally, the flight profession court was unclear.
Such a court, they added, could only hand down administrative disciplinary measures, and not jail sentences.
Besides, they said, the law regulating the conduct – Law No. 1/2009 on profession courts – was only issued this year, while the accident occurred two years ago.
Monday’s hearing, which was also attended by Marwoto’s wife Norma Andriani and two teenage children Rizkiandri Navielia and Martina Sandriaty, drew widespread public attention, with many visitors and reporters forced to hear the four-hour proceedings from outside the overcrowded courtroom.
