3.598 Dilihat

Secara umum KNKT adalah lembaga non struktural di lingkungan Kementerian Perhubungan untuk melakukan investigasi dan penelitian kecelakaan transportasi, yang berada di bawah dan bertanggung jawab kepada Menteri Perhubungan. Tugas investigasi dan penelitian yang dilakukan oleh KNKT merupakan salah satu rangkaian upaya Kementerian Perhubungan dalam meningkatkan keselamatan transportasi.KNKT melaksanakan investigasi kecelakaan transportasi dengan berdasarkan azas No Blame, No Judicial dan No Liability Investigation.Tujuan dari investigasi yang dilaksanakan oleh KNKT adalah untuk mengetahui APA, BAGAIMANA dan MENGAPA kecelakaan itu terjadi dengan dasar indentifikasi kelemahan pada sistem keselamatan guna mencegah terjadinya kecelakaan serupa di kemudian hari. Investigasi tidak bertujuan untuk maksud menempatkan kesalahan atau tuntutan hukum kepada individu atau sekumpulan individu atas masalah atau kelemahan apapun yang teridentifikasi dalam investigasi. (http://knkt.dephub.go.id/knkt). Jadi bisa disimpulkan bahwa tugas KNKT berada dalam lingkup situasi dimana sebuah kejadian kecelakaan telah terjadi atau pasca kejadian. Namun bukan berarti bahwa KNKT tidak memiliki andil ataupun peran dalam pencegahan sebuah kecelakaan transportasi. Dalam kaitannya di bidang transportasi udara hasil investigasi KNKT tentunya dapat menjadi masukan yang penting bagi Direktorat Jenderal Perhubungan Udara dalam hal ini Direktorat Kelaikan Udara dan Pengoperasian Pesawat Udara (DKUPPU). Sesuai ketentuan Perpres No 12 Tahun 2012 tentang Komisi Nasional Keselamatan Transportasi Pasal 7 :

  1. Pelaksanaan tugas pemberian rekomendasi hasil investigasi kecelakaan transportasi kepada pihak terkait oleh KNKT sebagaimana dimaksud dalam Pasal 4 huruf b dimaksudkan untuk mencegah terjadinya kecelakaan transportasi dengan penyebab yang sama.
  2. Rekomendasi hasil investigasi kecelakaan transportasi sebagaimana dimaksud pada ayat (1) ditindaklanjuti oleh para pihak terkait sesuai dengan ketentuan peraturan perundang-undangan.
  3. KNKT dapat melakukan klarifikasi dan monitoring terhadap proses tindak lanjut atas rekomendasi hasil investigasi kecelakaan transportasi sebagaimana dimaksud pada ayat (1) dan ayat (2) yang dilakukan oleh pihak terkait.

Dari sini sudah terlihat jelas bahwa KNKT memiliki kekuatan secara hukum untuk mendorong terciptanya keselamatan dalam hal ini di bidang transportasi udara, meskipun tidak secara langsung dari sisi pencegahan. Memang, jika ditelusuri berdasarkan Annex 13 Chicago Convention mengemukakan bahwa hasil investigasi tidak dapat digunakan dimuka persidangan. Selain itu, Keputusan Menteri Perhubungan No. KM 1/2004 bagian 830 tentang Pemberitahuan Pelaporan Kecelakaan Pesawat Udara juga menyebutkan kalau hasil investigasi tidak bisa dijadikan alat bukti.( Hukum Online.com )

Dalam upaya pengawasan dan tindakan pencegahan dalam bidang transportasi udara, Kementerian Perhubungan, melalui Direktorat Jenderal Perhubungan Udara, memiliki DKUPPU (Direktorat Kelaikan Udara dan Pengoperasian Pesawat Udara) yang mengadakan pengecekan secara acak serta mendadak di lapangan untuk setiap pesawat, penerbang, dan awak kabin pada semua maskapai penerbangan (atau yang lebih dikenal dengan istilah ramp check). Berdasarkan temuan dan fakta yang ada di lapangan, para inspektur dapat memberikan peringatan ataupun tindakan tegas sesuai dengan peraturan yang berlaku. Secara jujur harus dievaluasi apakah semua pemangku kepentingan dunia penerbangan sudah menjalankan regulasi tersebut dengan baik? Untuk maskapai penerbangan, dari sisi operasional, perlu dipertanyakan, apakah para awak pesawat sudah menjalankan ketentuan yang berlaku, seperti mengenai RHM (rest hour minimal), pelatihan berkala, dan pemeriksaan kesehatan sesuai jadwal? Dari sisi perawatan, apakah prosedur perawatan pesawat telah dilakukan dengan baik dan sesuai standard, apakah para teknisi telah memiliki lisensi yang sesuai dan perangkat yang memadai, dan menggunakan suku cadang yang sesuai standard? Dari sisi manajemen, apakah SMS sudah dijalankan sesuai prosedur, semua karyawan telah mendapatkan pelatihan yang sesuai standard, dan kebijakan keuangan perusahaan tidak mengurangi penerapan standard regulasi keselamatan? Untuk Pemerintah, dalam hal ini Kementerian Perhubungan, perlu ditelaah apakah pengawasan dan pembinaan telah diterapkan secara baik? Apakah ramp check dilakukan secara professional serta penuh tanggung jawab? Apakah pemberian sanksi tegas bagi setiap pelanggaran dilakukan tanpa pandang bulu? Kasus Adam Air pada tahun 2007 menjadi suatu pengalaman yang sangat berharga dan mahal bagi dunia penerbangan Indonesia. Kecelakaan terjadi karena manajemen maskapai yang bermain-main dalam masalah keselamatan. Dampaknya untuk dunia penerbangan Indonesia di mata dunia juga sangat fatal. Pada saat itu Uni Eropa bahkan mengeluarkan larangan bagi seluruh maskapai penerbangan Indonesia untuk dapat beroperasi di wilayahnya.

Untuk lebih lanjutnya bisa dipertimbangkan untuk memberi payung hukum yang lebih kuat kepada lembaga KNKT dalam bentuk Undang-undang misalnya, sehingga peran serta nya dapat lebih maksimal. Sebagai salah satu usulan  di dalam Undang undang tersebut bahwa KNKT dapat merekomendasikan kepada Presiden melalui Menteri Perhubungan agar membekukan izin penyelenggara transportasi terutama perusahaan lokal dalam menjalankan kegiatan operasionalnya jika dinilai sudah mengalami beberapa kali kasus kecelakaan yang disebabkan faktor yang sama di luar faktor alam dan cuaca serta tidak menunjukkan itikad baik untuk pembenahan secara serius. Selain itu KNKT juga dapat berperan lebih aktif baik secara ilmiah dengan menjadi nara sumber, menyelenggarakan diskusi dan kegiatan sejenisnya maupun dalam kampanye lain yang bersifat kegiatan edukatif untuk masyarakat umum bekerjasama dengan Kementerian Perhubungan dan pihak pihak lain yang terkait. Dengan sinergi, ketegasan, serta keseriusan pihak Pemerintah dan lembaga terkait sebagai regulator dalam mengawasi para penyelenggara transportasi, itikad baik dari pihak manajemen perusahaan penyelenggara transportasi dalam menjalankan semua regulasi yang ada, dan keberanian masyarakat pengguna transportasi untuk ikut tanggap terhadap penyimpangan yang terjadi maka tingkat kecelakaan transportasi di Indonesia dapat ditekan ke angka yang serendah mungkin.

Penjelasan Kepmenhub No.1/2004Sub C 830.30 (2) tentang sifat dari penyelidikan
Penyelidikan terhadap kecelakaan atau kejadian serius pada pesawat udara merupakan penemuan fakta, tanpa masalah yang resmi dan tanpa bagian-bagian yang merugikan. Begitupun penyelidikan tidak
diadakan dengan alasan untuk menentukan hak-hak atau pertanggung
jawaban seseorang
Penjelasan Annex 13 Chicago Convention Regulation 11 (5)
Rekomendasi kecelakaan termasuk laporannya tidak diperuntukkan sebagai dugaan kesalahan atau tanggung jawab

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