Lawyer sees breakthrough in interpretation of law<\/p>\n
JAKARTA (JP): The recent inclusion of a new aspect in
\ndetermining the legal negligence of drivers involved in accidents
\nis viewed as a breakthrough in the Indonesian legal process.<\/p>\n
\"Up till now, most legal practitioners and the public have
\nalways thought that traffic accidents were caused by driver's
\nnegligence,\" Teguh Samudra, a lawyer, told The Jakarta Post over
\nthe weekend.<\/p>\n
He was referring to a recent Supreme Court verdict.<\/p>\n
The 15-year sentence was meted out to a Metromini bus driver
\nwho plunged his bus into a North Jakarta canal in March, 1994,
\nkilling 33 passengers and injuring 13 others.<\/p>\n
\"Often enough, drivers break the rules intentionally in
\naccidents but people have tended to overlook this aspect,\" Teguh
\nadded.<\/p>\n
The new aspect referred to by the lawyer is the incorporation
\nof the factor of intention when weighing a punishment.<\/p>\n
Erring drivers often recognize the risks involved when they
\nbreak the rules and yet they do it anyway, the lawyer said.<\/p>\n
Along this line, members of the House of Representatives said
\nlast week that the government should ponder revoking the licenses
\nof transportation firms in order to motivate firms to severely
\npunish negligent drivers.<\/p>\n
Legislators Budi Hardjono and Iedil Suryadi also urged
\ntransportation companies to institute regular field checks of
\nsafety equipment and to be strict when recruiting drivers.<\/p>\n
\"To be honest, traffic accidents are mostly caused by drivers'
\nnegligence, therefore, recruitment should not only involve the
\nevaluation of driving skills, but should cover psychological and
\ncharacter examination as well,\" Budi Hardjono said.<\/p>\n
In addition to the 15-year jail term, the Supreme Court also
\nrevoked the driver's license of Ramses Silitonga, alias Honas,
\nfor 20 years.<\/p>\n
Last January the Supreme Court upheld a July 6, 1995, High
\nCourt decision. The High Court decision upheld the decision of
\nthe lower court handed down on May 2, 1995.<\/p>\n
The courts found that Ramses knew that he was risking his
\npassengers' lives when he drove the packed bus at high speed. He
\nalso ignored warnings from his conductor, Pontas Pakpahan, that
\nhe should slow down.<\/p>\n
The bus ran over a 30-centimeter high curb and through an 80-
\ncentimeter deep ditch before plunging into the Sunter river.<\/p>\n
Only Ramses' lawyer, Sangap Sidauruk, objected to the case
\nsetting the precedent that intentionally negligent drivers should
\nface stiff sentences in the future, Kompas daily reported.<\/p>\n
Ramses has pleaded for a court review of his case, Sangap
\nsaid. (14)<\/p>",
"url": "https:\/\/jawawa.id\/newsitem\/lawyer-sees-breakthrough-in-interpretation-of-law-1447893297",
"image": ""
},
"sponsor": "Okusi Associates",
"sponsor_url": "https:\/\/okusiassociates.com"
}