Passenger Killed Due to Damaged Road in Pandeglang; Motorcycle Taxi Driver Seeks Restorative Justice

Motorcycle taxi driver Al Amin Maksum has been reported to police after his passenger died in an accident caused by a pothole. Pandeglang Police have indicated their readiness to facilitate proceedings should both parties wish to pursue restorative justice.

“Regarding restorative justice, that is the right of the reported party or the victim. Should an agreement be reached, we will facilitate it — the police will serve as facilitator,” said Pandeglang Police Traffic Unit Chief AKP Surya Muhammad at the Banten Regional Police Headquarters in Serang on Monday (23 February 2026).

Meanwhile, Amin’s legal counsel, Elang Mulyana, confirmed he has submitted a request for restorative justice, arguing that the case is not suitable for court proceedings.

“We have submitted a request for case discontinuation through the restorative justice mechanism as provided for in the Criminal Procedure Code. This case should not proceed to court because our client is also a victim of an accident caused by a damaged road,” said Elang.

It was previously reported that the motorcycle taxi driver from Pandeglang, Al Amin Maksum, was reported to police by the parents of Khairi Rafi, a Year 5 primary school pupil. The parents could not accept that their child had died whilst being carried as a pillion passenger by Amin.

Elang Mulyana explained that the incident occurred on Tuesday (27 January) on the Labuan-Pandeglang main road, specifically in Kampung Gardutanjak, Pandeglang Regency. The victim, Khairi Rafi, died after the motorcycle ridden by Al Amin struck a pothole.

“After they fell, they were hit by an ambulance travelling behind them. Both sustained serious injuries, but the victim died,” he said.

Following the incident, the victim’s parents filed a report with Pandeglang Police. Elang noted that several mediation attempts had been made but had failed to produce results.

Elang stated that Amin had been designated a suspect, a determination he questioned.

“Legal responsibility should be directed at the road authority, namely the local government. The damaged road is considered the primary factor behind the accident that claimed the victim’s life,” he said.

However, Banten Regional Police Public Relations Chief Kombes Maruli Hutapea stated that the individual had not been formally designated a suspect. He confirmed the case remains at the investigation stage.

“It should be noted that, as of today, the Pandeglang Traffic Unit investigators are still examining the matter. The status remains under investigation. It is confirmed that no suspect designation has been made, contrary to viral reports. So there has been no suspect designation,” said Maruli.

Maruli added that the victim’s parents had reported the incident to Pandeglang Police. “His [Amin’s] status is that of a reported party,” he said.