Relatives of train crash victims seek Rp 198b compensation

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.