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Car driven by Saipul Jamil and family had an accident on Cipularang toll roads on 3 September 2012 ago. Traffic accidents caused Saipul wife, Virginia Anggraeni, died. On 5 April 2012, the District Attorney of Purwakarta charged Saipul with Article 310 of Law No. 22 of 2009 on Road Traffic and Road Transportation Act (UU LLAJ). 

Saipul felt treated unfairly because it was charged with Article 310 of Law LLAJ especially in the phrase "negligence" and "others". By its power law, Saipul said UU LLAJ is no explanation of the meaning of the phrase "negligence", thus leading to multiple interpretations. "It can thus be detrimental to Petitioner because there is no legal certainty regarding the definition of the phrase ‘negligence’."

As stated by Rio Berto Pranamulya Sidauruk, Jamil Saipul attorney during the trial in the Constitutional Court on Friday (6/22/2012) morning. Case Number 57/PUU-X/2012 trial testing the particulars of Article 310 of UU LLAJ filed by Saipul Jamil, hearing preliminary examination.

Article 310 paragraph (1): "Any person driving a motor vehicle negligently, resulting in traffic accidents with damage to vehicles and / or goods referred to in Article 229 paragraph (2), shall be punished with imprisonment of 6 (six) months and / or a fine of 1,000,000, 00 (one million rupiah). "

Paragraph (2): "Every person who was driving negligently, Motor Vehicle Traffic Accidents resulting in minor injuries and damage to vehicles and / or goods referred to in Article 229 paragraph (3), shall be punished with imprisonment of 1 (one) years and / or a fine of not more Rp2.000.000, 00 (two million dollars). "

Paragraph (3): "Every person who was driving negligently, Motor Vehicle Traffic Accidents resulting in severe injuries referred to in Article 229 paragraph (4), shall be punished with imprisonment of 5 (five) years and / or a fine of not more 10,000,000, 00 (ten million rupiahs). "

Paragraph (4): "In the event of accidents as referred to in paragraph (3) which resulted in another person’s death, shall be punished with imprisonment of 6 (six) years and / or a fine of not more Rp12.000.000, 00 (twelve million dollars ).

According to Rio Berto Pranamulya Sidauruk, the phrase "negligence" should be defined with certainty. In what circumstances and how someone said to have committed negligence? For example, the state of a person who consumed addictive substances, alcoholic beverages, narcotics, either plant or not plant that resulted in lost or reduced consciousness. 

"The applicant prior to the occurrence of traffic accidents on the 3 September 2011 did not consume addictive substances, alcoholic beverages, narcotics which resulted in lost or reduced consciousness," said Rio postulated.

 

Instead of "Other People"

Continuing the argument of Rio, another Saipul attorney, Ihwansyah A. Udoyo, stated, the phrase "another person" in Article 310 paragraph (4) Law LLAJ nor is there any official explanation as to who is meant by "other people". Ihwan was quoting the definition of marriage in the provisions of Article 1 of Law No. 1 of 1974 on Marriage: "A marriage is physical and mental bond between a man and a woman as husband and wife in order to establish a family or household who is happy and is based on belief."

Under the legal definition of marriage, the husband and wife are one entity which is based on physical and mental bond between a man and a woman. While the victims died in traffic accidents on the 3rd of September 2011 is the Virginia Anggraeni, who is the wife of Jamil Saipul. So according to Ihwan, it is not appropriate District Attorney of Purwakarta to indict Saipul Jamil using Article 310 paragraph (4) of Law LLAJ in which there is the phrase "other people".

Based on these arguments, in the presence of Anwar Usman (Panel Chair), Acmad Sodiki and Harjono, Saipul Jamil through his legal counsel asked the Court declared Article 310 of Law LLAJ along the phrase "negligence" and "others" is contradictory to Article 28D Paragraph (1 ) and Article 28G Paragraph (1) of the 1945 Constitution and has no binding legal force. (Rosihin Nur Ana / mh/Yazid.tr)

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