Relatives of train crash victims seek Rp 198b compensation
The Jakarta Post, Bandung
The relatives of five train accident victims filed a class action suit against PT Kereta Api Indonesia and three other institutions for the fatal collision between Empu Jaya and Gaya Baru trains in Brebes, Central Java, last Dec. 25, demanding Rp 198 billion in compensation.
The victims' lawyer, Paskah Irianto of the Indonesian Legal Aid and Human Rights Association (PBHI), said those named in the suit were PT Kereta Api Indonesia, the Ministry of Transportation and the Ministry of Finance, which control PT KAI, and an investigative team from transportation ministry which has failed to release the result of its investigation into the accident.
"PT KAI's negligence in managing the country's trains has caused at least 15 train accidents last year. The accidents resulted in the deaths of 145 people," Paskah said.
The first hearing of the suit was to be held on Thursday in the Bandung District Court, but because the lawyers for PT KAI and the Ministry of Transportation were unable to produce letters of authorization from the institutions, Judge Sudiwardono postponed the hearing until March 28.
In the suit the relatives of the five victims, who come from Bekasi and Jakarta, also implicated the Indonesian Consumers Foundation (YLKI) for its failure to protect the interests of train users.
"Based on Consumer Protection Law No. 8/1999, Article 46, Paragraph 1, a legal suit against parties failing to comply with the law can be filed by a non-governmental institution for the protection of consumers," he said, adding that YLKI was set up to protect consumers.
He said that based on the law, the YLKI could have filed a suit against PT KAI without obtaining having letters of authorization from the train victims, but had not done so.
He said the suit was based on Consumers Protection Law No. 8/1999, Article 46, paragraphs one and two, which state that a class action can be filed by a consumer or their heirs against parties that have violated their rights.
According to him, Article 4 of the law also states that consumers have the right to security and comfort when using goods or services, and the right to protection and legal assistance in a conflict resulting from the use of goods or services.
The five victims were among the 30 people killed in a collision last Dec. 25 between an Empu Jaya train traveling from Jakarta to Yogyakarta and a Gaya Baru train traveling in the opposite direction. The trains collided in the Brebes railway station.
Empu Jaya trains were involved in three accidents between September and December of last year, resulting in 82 deaths and hundreds of injuries.
In response to the accidents, Empu Jaya's management said this run of "bad luck" might have been caused by the name "Empu Jaya", which in Javanese means a divine and extraordinary person. The management felt such a name may have been too much for a train, and changed it to Kulon Progo.