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KNKT`s Report on Lion Air Cannot be Used as Evidence in Court

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28 November 2018 17:02 WIB

Indonesian National Transportation Safety Commission (KNKT) officials and rescue team members carry a part of the black box of Lion Air's flight JT610 airplane at Tanjung Priok port in Jakarta, Indonesia, November 1, 2018. REUTERS/Beawiharta

TEMPO.CO, Jakarta - National Transportation Safety Commission (KNKT) said the recommendation issued by KNKT regarding the Lion Air JT 610 crash could not be used as evidence in the court.

“If the court plans to conduct an investigation, its investigators must look for their own data,” said KNKT's flight accident head Nurcahyo in his office, Wednesday, November 28.

The Lion Air plane with a tail number JT 610 plunged into the waters of Tanjung Pakis, West Java, last month. The tragic incident killed all passengers (178 adults, one child, and two babies) and seven cabin crews.

Read: Lion Air Not Airworthy on Flight before Crash 

Nurcahyo explained data issued and examined by KNKT could only be adopted as a recommendation for related parties such as Lion Air and Boeing to take correction measure. KNKT, he added, would not send the data of Cockpit Voice Recorder (CVR) dan Flight Data Recorder (FDR) for the judicial investigation.

According to Nurcahyo, KNKT could not impose a sanction since it was the authority of the Transportation Ministry. However, he was reluctant to comment if the ministry imposed a penalty based on the data. “I don’t know,” he said.

The regulation, he continued, was stipulated in Article 359 of Law No. 1/2009, stating that (1) investigation result cannot be used as evidence in legal proceedings. (2) Investigation result as noted in the number (1) is not secret information, and that can be publicized to the public.

Earlier, Transportation Minister Budi Karya Sumadi would impose sanctions to Lion Air based on the recommendation released by KNKT. According to the minister, KNKT was quite transparent to reveal data in light of the Lion Air plane crash. 

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