---

Budi Setyarso as a Relevant Party delivering his statement in the judicial review hearing of the Law on Road Accident Fund on Monday (15/1) in the Courtroom of the Constitutional Court. Photo by Humas MK/Ifa.

Law No. 34/1964 on Road Accident Fund remains relevant in providing guarantees and is needed by people who were involved in traffic accidents caused by motor vehicles and remains in line with the 1945Constitution of the State of the Republic of Indonesia. This was conveyed by the President Director of PT Jasa Raharja Budi Setyarso in the judicial review hearing of Article 4 paragraph 1 of Law No. 34/1964 on Monday (15/1). Budi is present as a Relevant Party in Case No. 88/PUU-XV/2017.

In a hearing led by Deputy Chief Justice Anwar Usman, Budi said his side had worked in accordance with existing laws and regulations. In addition, they confirmed the Government\'s statement and the expert\'s information in the previous hearing that Law No. 34/1964 remained relevant and current.

 "The a quo law is intended to provide guarantees to third parties or victims who are outside the vehicle causing the road accident, and not for casualties of single-vehicle accidents," he said in the hearing of the case filed by Maria Theresia.

Ex Gratia Compensation

Budi also stressed that the settlement of the single-vehicle accident case filed by the Petitioner had been executed by PT Jasa Raharja in accordance with existing laws and regulations, namely to reject the request for the single-vehicle accident fund claim by the victim\'s beneficiary. The rejection by PT Jasa Raharja was preceded by the explanation that the case was a single-vehicle accident outside the guarantee of Law No. 34/1964.

Furthermore, Budi added that the beneficiary stated that she could accept and understand the matter as stated in the letter of application sent to PT Jasa Raharja Branch of East Java. The application was granted and ex gratia compensation was paid to the beneficiary on September 25, 2017.

"Ex gratia according to Black\'s Law Dictionary comes from the Latin, which in English means by favor. Within Jasa Raharja it is called humanitarian benefit. It is payment that is not legally required, especially compensation payment that is not required under the coverage agreement," he explained.

This petition 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 was the wife of Rokhim, victim of an accident who died on July 24, 2017.

Elucidation to 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 at dawn 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 are persons who were \'outside the means of transportation.\' (ARS/LA/Yuniar Widiastuti)

---