Motorcycle Taxi Driver Who Was Victim of Pothole Accident in Pandeglang Named as Suspect
A motorcycle taxi (ojek pangkalan) driver in Pandeglang Regency, Banten, has been named a suspect after being involved in an accident caused by poor road conditions.
Al Amin Maksum is now a suspect at the Pandeglang Police following an incident on Tuesday, 27 January 2026. He had been carrying his passenger, Khairi Rafi, along the Pandeglang-Labuan main road, specifically in Kampung Gardu Tanjak, Pandeglang Sub-district, Banten.
During the journey, after attempting to avoid several potholes, the front wheel of his motorcycle fell into another hole. Both he and his passenger were thrown onto the tarmac. At that moment, a passing ambulance ran over his passenger. Khairi Rafi died in the incident.
As a result, Al Amin Maksum was named a suspect under police report number LP/B/21/I/2026/SPKT/Lantas Polres Pandeglang and charged under Article 310, paragraph 4 of the Criminal Code for causing the death of another person.
“The fact is our client is a victim of an accident caused by a potholed road. The party that should be held accountable is the road authority,” said the suspect’s lawyer, Raden Elang Mulyana, on Monday (23 February).
The lawyer, commonly known as Yayan, has filed for the case to be dropped through a restorative justice mechanism as regulated under Law Number 20 of 2025 on the Criminal Procedure Code, Chapter IV, Article 79.
He argued the case should not proceed because both the motorcycle taxi driver and his passenger were victims of damaged roads in Pandeglang Regency, Banten.
He also highlighted the responsibility of regional leaders — from the Pandeglang Regent to the Banten Governor and the central government — who are obliged to provide adequate infrastructure, including safe roads for the public.
Yayan cited Law Number 22 of 2009 on Road Traffic and Transport. Article 24 stipulates that road authorities are required to promptly repair damaged roads that have the potential to cause accidents. Furthermore, Article 273 provides for criminal sanctions against road authorities who neglect to repair damage resulting in accidents, with a maximum penalty of six months’ imprisonment or a fine of up to Rp12 million.
“After avoiding the first pothole, the motorcycle struck a second one in front of Hotel Pandeglang Raya. We believe the accident was triggered by a pothole approximately 3 metres in diameter and roughly 10 centimetres deep, which we consider hazardous to road users,” he explained.
Beyond the criminal proceedings, Al Amin Maksum has also filed a civil lawsuit against the government through the Pandeglang Regent, Raden Dewi Setiani, and the Banten Governor, Andra Soni. The lawsuit was registered via the Pandeglang District Court’s e-court system on Sunday (22 February).
According to the plaintiff’s side, the accident rate along the Labuan-Pandeglang main road is notably high. Based on data they received, between January and October 2025 there were 134 recorded accidents with 39 fatalities.
Since the incident and his designation as a suspect, Al Amin Maksum has stopped working as a motorcycle taxi driver. He is reported to be suffering from driving trauma, his motorcycle was damaged, and he sustained injuries to his face, head and legs.
“On that basis, we will pursue legal action by filing a lawsuit for unlawful conduct against the Banten Governor and the Pandeglang Regent,” he explained.
The Pandeglang Police have stated their readiness to facilitate restorative justice between motorcycle taxi driver Al Amin Maksum and the family of the victim, Khairi Rafi.
“There is agreement from both the victim’s family and the suspect, but formal requirements must be met as we are only acting as mediators,” said Pandeglang Police Traffic Unit Chief AKP Burhanudin Surya Muhamad on Monday (23 February).
If the motorcycle taxi driver’s family and the victim’s family agree to reconcile, the process will be conducted at the police station.
Once the restorative justice process is completed, legal proceedings between the suspect and the victim’s passenger’s family can be considered concluded.
“If all those conditions are met, we are ready to proceed, because we want the best outcome for both parties and have no ulterior motives — we want to stay on track,” he explained.