The Government\'s statement was delivered by the expert staff of the Bureau of Law and Bureaucratic Reform of the Minister of Transportation of Umar Aris in the hearing on the case of the Law on Road Accident Fund, Tuesday (5/12) at the Courtroom of the Constitutional Court. Photo by Humas MK/Ifa.

The regulation on accident insurance provides protection for the community. In addition, the provision is expected to provide awareness for motorists to internal factors that can actually be anticipated and can be avoided by motorists in a single-vehicle accident.

This was conveyed by the expert staff of the Bureau of Law and Bureaucratic Reform of the Minister of Transportation of Umar Arisrepresenting the Government in the third hearing of the judicial review of Article 4 Paragraph (1) of Law Law No. 34/1964 on Road Accident Fund, Tuesday (5/12) . The hearing of Case No. 88/PUU-XV/2017 was to listen to the Government\'s statement.

In the hearing, Aris explained that the a quo provision is not discriminatory or contradictory to Article 28D paragraph (1) and Article 28I paragraph (2) [of the Constitution] because the a quo law is not intended to cover a single-vehicle accident. "This is the policy of the legislators and is a condition protected in an insurance, in which there are circumstances covered and not covered," he explained.

Aris explained that Article 4 Paragraph (1) of Law No. 34/1964 stipulates that the accident insurance funds granted to victims or beneficiaries, both deceased and disabled, apply to victims whose accidents are caused by the road traffic. So, according to this provision, he added, it can be concluded that the accident as mentioned in Law No. 34/1964 is that caused by road traffic and not a single-vehicle accident.

"The description is clear that the legislators have determined that a single-vehicle accident is not included in the risk of accidents as covered by Law No. 34/1964 concerning Road Accident Fund. It is based on the logical reason that a single-vehicle accident is, in principle, an accident that is not influenced by external factors but more because of internal factors of the victims themselves, among others, namely drowsiness, drunkenness, negligence, and so on," he said.

On the principal issue of the petition, Aris said that the Petitioner\'s petition is unfounded. "The subject matter is classified as constitutional complaint, not constitutional review," he said in the hearing led by Deputy Chief Justice of the Constitutional Court Anwar Usman.

Aris said there is no causal relationship between the losses of the Petitioner and the articles challenged, because of the problems that reviewed is about the Petitioner not being given insurance fund. According to him, the petition is concerned with the issue of the implementation of norms and not a matter of constitutionality.

"So there is no causal verband between the loss and enactment of the law petitioned for review because the provisions of the law challenged by the Petitioner do not to regulate a single-vehicle accident. Based on the above matters, the Government is of the opinion that the Petitioner in this petition does not meet the qualification to have legal standing," he explained.

Petitioner Maria Theresia Asteriasanti, a resident in Surabaya, felt very aggrieved because PT Jasa Raharja interpreted the Elucidation to Article 4 paragraph (1) of Law No. 34/1964 not applicable to a single-vehicle accident. The Petitioner is the wife of Rokhim, victim of an accident who died on July 24, 2017. The Petitioner’s husband was returning home from work and suffered a single-vehicle accident. However, the Petitioner could not seek insurance compensation for the death of her husband. State-owned insurance company Jasa Raharja claimed that, in accordance with the Elucidation to Article 4 paragraph (1) of Law No. 34/1964, those entitled for compensation persons who were \'outside the means of transportation\' [in an accident]. It made the Petitioner confused as to the meaning of \'outside the means of transportation.’ (ARS/LA/Yuniar Widiastuti)