Plenary hearing of the judicial review of Road Accident Fund Law, Monday (18/12) in the Courtroom of the Constitutional Court. Photo by Humas MK/Ifa.

The Constitutional Court (MK) held a follow-up trial of the judicial review of the Elucidation to Article 4 paragraph 1 of Law No. 34/1964 on Road Accident Fund, Monday (18/12). Initially, the hearing of Case No. 88/PUU-XV/2017 had been scheduled to hear the statements of the Petitioner’s Experts and Witnesses. However, the Petitioner declared that they would not present them in the session led by the Chief Justice of the Constitutional Court, Arief Hidayat.

"With regard to the letter that we submitted on December 11, the legal team of the Petitioner agreed not to bring in experts or witnesses," said the Petitioner’s attorney, Muhammad Noval Ibrohim Salim.

The hearing should have also listened to the statements of the House of Representatives (DPR), but due to recess, the House could not attend. The next hearing to be held on January 3, 2018 is scheduled to hear the statements of two government’s experts.

This petition was filed by Maria Theresia Asteriasanti, a resident of Surabaya. She 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 was the wife of Rokhim, victim of an accident who died on July 24, 2017.

Elucidation of Article 4 paragraph (1) of Law No. 34/1964 reads:

"Those who receive compensation under this Law are those who are on the road outside of the means of transportation that caused the accident. However, if the victim has been compensated under the Law on Road Accident Fund Number 33 of 1964, the compensation shall be granted only once, that is by the compulsory road accident fund referred to in the Law. " 

The Petitioner’s husband was returning home from work when he 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].’ (ARS/LA/Yuniar Widiastuti)