Examining Force Majeure Elements in the Deaths of Three Workers in a Culvert
A workplace accident several days ago resulted in the deaths of three workers. The victims were subcontractor employees of PT Moya Indonesia, working on a clean water pipe distribution network project inside a culvert in the Pintu III TMII area, Cipayung, East Jakarta, on Thursday (9 July 2026).
Based on circulating information, the incident began when one worker fainted inside the culvert, suspected to be due to a lack of oxygen or exposure to hazardous gas while working in a confined space. Two colleagues then attempted to provide assistance but suffered similar conditions, ultimately leading to the deaths of all three.
In response to the incident, PAM JAYA, the company partnering with PT Moya Indonesia, reacted swiftly. Through PAM JAYA’s President Commissioner, Prasetyo Edi Marsudi, on Saturday (11 July 2026), PAM JAYA insisted that PT Moya Indonesia immediately conduct a comprehensive investigation and take responsibility for the deaths of the three subcontractor workers in the workplace accident.
Prasetyo Edi Marsudi also stated that PAM JAYA would take firm action against PT Moya Indonesia in accordance with the provisions of the cooperation agreement between the two corporations. PT Moya Indonesia is known to be PAM JAYA’s partner in the management and provision of the Drinking Water Supply System (SPAM).
As a follow-up, PAM JAYA will issue a warning letter to PT Moya Indonesia to prevent similar incidents from recurring. Additionally, PAM JAYA expressed its deepest condolences to the families of the three victims and urged a thorough, objective, and professional investigation to uncover the exact cause of the accident.
Meanwhile, PT Moya Indonesia stated it would conduct a comprehensive evaluation of the implementation of the Occupational Safety and Health (K3) system in its construction projects, following the deaths of the three subcontractor workers on the PAM JAYA clean water distribution network project.
PT Moya Indonesia also explained that the ongoing project involves the construction of clean water distribution network infrastructure aimed at supporting improved drinking water services for the people of Jakarta. Therefore, the company expressed its commitment to cooperating with all relevant authorities in the investigation process and conducting evaluations to strengthen the implementation of occupational safety standards across all project operations.
The case has also drawn the attention of the President’s Special Advisor for Employment and Workers’ Welfare, Said Iqbal. He stated he would oversee the handling of alleged Occupational Safety and Health (K3) violations, which are suspected to be a contributing factor in the workplace accident that killed three workers, including a foreign national, on the project undertaken by PT Moya Indonesia.
This statement was made by Said Iqbal following a meeting with PT Moya Indonesia’s management on Monday (13 July 2026). According to him, the meeting was attended by a company director, several chief officers, and representatives from PT Moya Indonesia’s Corporate Secretariat.
On that occasion, Said Iqbal stressed the importance of a thorough, independent, and professional investigation to determine the exact cause of the workplace accident and to ensure accountability in accordance with statutory regulations if violations of occupational safety and health standards are found.
The workplace accident that killed three workers, allegedly due to inhaling toxic gas inside a culvert, has caused deep sorrow for the victims’ families and many other parties. Therefore, this incident requires serious attention as it involves aspects of occupational safety and health (K3), legal liability of the parties involved, and the governance of public infrastructure project implementation.
Although there are initial suspicions regarding the cause of the workers’ deaths, the exact cause of the incident must still be proven through a professional, independent, objective, and scientifically evidence-based investigation. Conclusions regarding the cause of the workplace accident must not be built solely on suspicion or assumption, but must be based on the results of a crime scene investigation, forensic analysis, witness statements, autopsy results if necessary, examination of work equipment, K3 implementation documents, and compliance with applicable standard operating procedures.
This investigation is crucial to determine whether this incident can truly be categorised as a force majeure event or not. An in-depth assessment is needed to evaluate the presence or absence of force majeure elements, while also revealing whether the event occurred due to negligence, procedural errors, weak supervision, or violations of occupational safety and health (K3) provisions.
From the perspective of Indonesian civil law, the concept of force majeure or compelling circumstances is regulated in Article 1244 and Article 1245 of the Civil Code (KUHPerdata). In principle, an event can only be categorised as force majeure if it occurs beyond human capability, could not have been foreseen, could not have been prevented despite maximum efforts, and is not the result of fault or negligence by the obligated party.
Therefore, force majeure status cannot be determined unilaterally but must be proven based on facts and the results of a comprehensive investigation. Conversely, if negligence in the implementation of K3, weak field supervision, or violations of standard operating procedures for work in confined spaces are found, then the event cannot be categorised as force majeure.