Lawyer sees breakthrough in interpretation of law
Lawyer sees breakthrough in interpretation of law
JAKARTA (JP): The recent inclusion of a new aspect in determining the legal negligence of drivers involved in accidents is viewed as a breakthrough in the Indonesian legal process.
"Up till now, most legal practitioners and the public have always thought that traffic accidents were caused by driver's negligence," Teguh Samudra, a lawyer, told The Jakarta Post over the weekend.
He was referring to a recent Supreme Court verdict.
The 15-year sentence was meted out to a Metromini bus driver who plunged his bus into a North Jakarta canal in March, 1994, killing 33 passengers and injuring 13 others.
"Often enough, drivers break the rules intentionally in accidents but people have tended to overlook this aspect," Teguh added.
The new aspect referred to by the lawyer is the incorporation of the factor of intention when weighing a punishment.
Erring drivers often recognize the risks involved when they break the rules and yet they do it anyway, the lawyer said.
Along this line, members of the House of Representatives said last week that the government should ponder revoking the licenses of transportation firms in order to motivate firms to severely punish negligent drivers.
Legislators Budi Hardjono and Iedil Suryadi also urged transportation companies to institute regular field checks of safety equipment and to be strict when recruiting drivers.
"To be honest, traffic accidents are mostly caused by drivers' negligence, therefore, recruitment should not only involve the evaluation of driving skills, but should cover psychological and character examination as well," Budi Hardjono said.
In addition to the 15-year jail term, the Supreme Court also revoked the driver's license of Ramses Silitonga, alias Honas, for 20 years.
Last January the Supreme Court upheld a July 6, 1995, High Court decision. The High Court decision upheld the decision of the lower court handed down on May 2, 1995.
The courts found that Ramses knew that he was risking his passengers' lives when he drove the packed bus at high speed. He also ignored warnings from his conductor, Pontas Pakpahan, that he should slow down.
The bus ran over a 30-centimeter high curb and through an 80- centimeter deep ditch before plunging into the Sunter river.
Only Ramses' lawyer, Sangap Sidauruk, objected to the case setting the precedent that intentionally negligent drivers should face stiff sentences in the future, Kompas daily reported.
Ramses has pleaded for a court review of his case, Sangap said. (14)