Indonesian Professor Hikmahanto Juwana gave his testimony in a follow-up trial of the judicial review of Law No. 34/1964 on Road Accident Fund, Monday (8/1) in the Courtroom of the Constitutional Court. Photo by Humas MK/Ifa.

Regulations on accident insurance fund as stated in the Elucidation of Article 4 paragraph 1 of Law No. 34/1964 concerning Road Accident Fund are intended for non-passenger third parties. This was conveyed by a professor of International Law at the University of Indonesia Hikmahanto Juwana in the judicial review hearing of Law No. 34/1964 held by the Constitutional Court on Monday (8/1).

According to Hikmahanto, there is no discrimination in the enactment of the Elucidation to Article 4 paragraph 1 of Law No. 34/1964. He explained that the state requires owner or entrepreneur of a vehicle to be levied, of which fund is managed in insurance, so that it increases. If there is a risk of accident on a third party who are not a passenger, continued Hikmahanto, then the fund can be immediately disbursed.

"In this context, there is no, in my opinion, discrimination by the state against casualties, if the accident victim is a passenger of a public non-passenger transport. In fact, the state has made an affirmative policy for non-passenger victims of accidents," explained Hikmahanto, who attended as a Government Expert.

Therefore, Hikmahanto continued, the Elucidation to Article 4 paragraph (1) of Law No. 34/1964 must exist and cannot be revoked. According to him, if the word “luar” (outside) is revoked, then the spirit or soul or political law in Law No. 34/1964 becomes out of place.

Another Government Expert, Firdaus Djaelani, concluded that Law No. 34/1964 was made to require every vehicle owner or motor vehicle entrepreneur in Indonesia to have insurance. The insurance, Firdaus explained, is the legal liability for third-party accident victims of traffic accidents by paying compulsory payment each year. Non-passenger victims of accidents and victims of single-vehicle accidents are not entitled to compensation from road accident fund.

The Case No. 88/PUU-XV/2017 was filed by Maria Theresia Asteriasanti, a resident of Surabaya. She feels disadvantaged because PT Jasa Raharja interpreted the Elucidation to Article 4 paragraph (1) of Law No. 34/1964 as not applying to single-vehicle accidents. The Petitioner is the wife of Rokhim, victim of an accident who died on July 24, 2017. (ARS/LA/Yuniar Widiastuti)