Indonesia Flight Delay Compensation Reviewed, How Neighboring Countries Compare

JAKARTA, Jakartaweekly.com—Indonesia’s Constitutional Court is currently reviewing the Indonesia flight delay compensation rules following a judicial review petition filed by nine lawyers and two law students, all of whom claimed to have experienced flight delays.

The petitioners argue that compensation should no longer be fixed at a single amount, but instead be calculated based on factors such as flight distance, ticket price, and flight duration.

They also seek clearer rules regarding the burden of proof when airlines invoke exemptions from liability for flight delays. Article 146 of Indonesia’s Aviation Law currently states that airlines are liable for losses arising from flight delays, except where they can prove that the delay was caused by weather conditions or operational technical factors.

During a hearing in Case No. 190/PUU-XXIV/2026 on Monday, July 13, 2026, Constitutional Court justices questioned the frequent use of “operational factors” as a justification for delays. They also examined whether compensation in the form of meals and a maximum payment of Rp300,000 is sufficient to cover the losses suffered by passengers.

Constitutional Justice Saldi Isra argued that flight delays should not be viewed solely as technical or business issues. According to him, treating delays merely from a commercial perspective could result in airlines prioritizing business considerations over passengers’ rights. Many travelers carefully plan their arrival times because of work, family, or other important commitments.

During the hearing, Captain Yufridon Gandoz Situmeang, Expert Staff for Logistics and Multimodal Transportation at Indonesia’s Ministry of Transportation, explained that Indonesia currently recognizes six categories of delay compensation under Minister of Transportation Regulation (PM) No. 89/2015 Article 3.

• Passengers experiencing delays of 30–60 minutes are entitled to complimentary refreshments.
• Passengers delayed for 61–120 minutes must receive drinks and light meals (snack boxes).
• Passengers delayed for 121–180 minutes are entitled to drinks and a full meal.
• For delays of 181–240 minutes, airlines are required to provide compensation of Rp300,000.
• Meanwhile, if a delay exceeds 240 minutes, airlines must either rebook passengers onto the next available flight or provide a full ticket refund.

However, the government rejected the petition regarding the amount of compensation, arguing that the request concerns an open legal policy rather than a constitutional issue.

“If the petitioners believe there are shortcomings in the Government’s evaluation, supervision, or transparency in implementing these regulations, such matters concern the implementation of the law and should be resolved through administrative mechanisms or other legal avenues, not through a constitutional review before the Constitutional Court,” Gandoz said.

The Court is scheduled to resume hearings on Monday, July 20, 2026, to hear testimony from the Indonesia National Air Carriers Association (INACA), Garuda Indonesia, Lion Air Group, and Pelita Air.

How Do Neighboring Countries Regulate Flight Delay Compensation?

Malaysia

The Civil Aviation Authority of Malaysia (CAAM) states that when passengers experience flight delays or cancellations, airlines are required to assist them in managing their travel arrangements.

Under the Malaysian Aviation Consumer Protection Code 2016 (MACPC), passengers whose flights are delayed by two hours or more are entitled to assistance, including meals or refreshments, telephone access, and internet access.

If the delay exceeds five hours, airlines must provide meals, telephone and internet access, hotel accommodation when necessary, and transportation between the airport and the hotel. Passengers who decide not to continue their journey are entitled to a full refund.

Since January 2025, Malaysian airlines have also been required to notify passengers of any changes to the scheduled departure time at least two weeks before the original departure time stated on the ticket. If the revised departure time differs by more than three hours from the original schedule, passengers are entitled to request a refund. However, this requirement does not apply to unavoidable technical issues that arise unexpectedly at the last minute.

Singapore

Unlike several neighboring countries, Singapore does not have a specific regulation governing flight delays or cancellations.

Instead, passengers affected by delays are protected under Singapore’s national consumer protection framework. Airlines’ responsibilities in the event of delays or cancellations are governed by each carrier’s own Conditions of Carriage.

If passengers believe that an airline has failed to meet its obligations regarding service recovery or compensation, they may seek assistance from the Consumer Association of Singapore (CASE) or file a claim with the Small Claims Tribunals.

For example, Singapore Airlines’ policies on delays and cancellations vary depending on the country of departure. For flights departing from Vietnam, passengers are entitled to compensation under Vietnamese regulations. Compensation is set at USD25 for flights under 1,000 kilometers, USD50 for flights between 1,000 and less than 2,500 kilometers, USD80 for flights between 2,500 and less than 5,000 kilometers, and USD150 for flights of 5,000 kilometers or more.

Singapore also follows the Montreal Convention 1999 for international air carriage. Under the Convention, passengers seeking compensation for flight delays must prove that they suffered actual financial losses as a result of the delay. Once such losses are substantiated, passengers may file a claim against the airline, subject to a maximum liability limit of 5,346 Special Drawing Rights (SDRs), the value of which fluctuates based on international exchange rates.

Thailand

The Civil Aviation Authority of Thailand (CAAT) provides detailed passenger rights for domestic flight delays.

For delays exceeding two hours, airlines must provide complimentary food and beverages or meal vouchers appropriate to the waiting time, along with free communication facilities such as telephone or email services. Passengers may also choose to receive a full refund.

If the delay exceeds three hours, airlines must continue providing meals or meal vouchers, communication facilities, and allow passengers to choose between a refund, re-routing, or alternative transportation.

For delays exceeding five hours, airlines must provide meals, communication services, re-routing or alternative transportation, and pay compensation of 1,200 baht.

For international flights, the rules are broadly similar. However, delays exceeding five hours require airlines to pay compensation of 1,500 baht within 14 days, provide overnight hotel accommodation when necessary, and offer passengers the option of requesting a refund if they no longer wish to travel.

For international flight delays exceeding ten hours, compensation is determined by flight distance:

• 2,000 baht for flights up to 1,500 kilometers.
• 3,500 baht for flights exceeding 1,500 kilometers but not more than 3,500 kilometers.
• 4,500 baht for flights exceeding 3,500 kilometers.

Vietnam

Under Government Decree No. 208/2026, Vietnam requires airlines to provide assistance based on the duration of the delay.

For delays of two hours or more, airlines must provide meals and refreshments appropriate to the waiting time. If passengers are required to wait until the following day, airlines must also provide hotel accommodation and transportation between the airport and the hotel.

For delays of four hours or more, passengers have the right to cancel their journey and receive a refund. They may also choose to be rebooked onto another flight.

In addition, when a delay or cancellation is attributable to the airline, passengers are entitled to non-refundable compensation, which is paid in addition to other passenger rights such as refunds or assistance.

For domestic flights, compensation is set at:

• VND200,000 for flights under 500 kilometers.
• VND300,000 for flights between 500 kilometers and less than 1,000 kilometers.
• VND400,000 for flights of 1,000 kilometers or more.

For international flights departing from Vietnam, compensation is:

• US$25 for flights under 1,000 kilometers.
• US$50 for flights between 1,000 and less than 2,500 kilometers.
• US$80 for flights between 2,500 and less than 5,000 kilometers.
• US$150 for flights of 5,000 kilometers or more.

However, airlines are not required to pay compensation if delays or cancellations are caused by severe weather, security threats, decisions by aviation authorities, medical emergencies, or other circumstances beyond the airline’s control.