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Attorney Yohanes Mahatma Pambudianto delivering the revision of the petition in the judicial review hearing of the Law on Road Traffic and Land Transportation (LLAJ), Wednesday (11/3) in the Plenary Courtroom of the Constitutional Court. Photo by Humas MK/Gani.

JAKARTA, Public Relations of the Constitutional Court—The Constitutional Court (MK) held a judicial review hearing of Article 311 paragraphs (2), (3), (4), and (5) of Law No. 22 of 2009 on Road Traffic and Land Transportation (LLAJ) on Wednesday (11/3/2020) in the Plenary Courtroom of the Constitutional Court.

“There was no revision and change in the legal standing, the authorities of the Constitutional Court, the background of the petition,” said Yohanes Mahatma Pambudianto, one of the Petitioners’ attorneys.

In the hearing, Yohanes affirmed and read out the material and phrases of the articles requested for review by the Petitioners. 

In this session, through attorney Yohanes Mahatma Pambudianto the Petitioners stated, “The phrase ‘Anyone who deliberately drives a motorized vehicle by a manner or condition that is dangerous for lives or goods’ insofar as not be interpreted  as ‘including drivers who have not reached legal age’ is against Article 28D paragraph (1) of the 1945 Constitution.”

Also read: Review of LLAJ Law: Penalty for Parents Who Allow Minors to Ride Motorcycles 

Law Faculty students of Sahid University Jakarta, Novan Lailathul Rizky and peers, represented by attorney Victor Santoso Tandiansa, requested the material review of Article 311 paragraphs (2), (3), (4), and (5) of Law No. 22 of 2009 on Road Traffic and Land Transportation (LLAJ) on Wednesday (19/2/2020) in the Courtroom of the Constitutional Court (MK).

Article 311 paragraph (2) of the LLAJ Law reads, "In the event that such act as referred to in paragraph (1) causes a traffic accident with a damage to the vehicle and/or goods as referred to in article 229 paragraph (2), the wrongdoer shall be punished with imprisonment at the maximum period of 2 (two) years or penalty at the maximum amount of Rp 4,000,000 (four million rupiah)."

Article 311 paragraph (3) of the LLAJ Law reads, "In the event that such act as referred to in paragraph (1) causes a traffic accident with minor injured victim(s) and damage to the vehicle and/or goods as referred to in article 229 paragraph (3), the wrongdoer shall be punished with imprisonment at the maximum period of 4 (four) years or penalty at the maximum amount of Rp8,000,000 (eight million rupiah)."

Article 311 paragraph (4) of the LLAJ Law reads, "In the event that such act as referred to in paragraph (1) causes a traffic accident with a major Injured victim(s) as referred to In article 229 paragraph (4), the wrongdoer shall be punished with imprisonment at the maximum period of 10 (ten) years or penalty at the maximum amount of Rp20,000,000 (twenty million rupiah)."

Article 311 paragraph (5) of the LLAJ Law reads, "In the event that such act as referred to in paragraph (4) causes death to others, the wrongdoer shall be punished with imprisonment at the maximum period of 12 (twelve) years or penalty at the maximum amount of Rp24,000,000 (twenty-four million rupiah)."

The Petitioners of case No. 15/PUU-XVIII/2020 argue that a minor driving a motorcycle is inseparable from the role of person and/or motorcycle owner who deliberately give and/or lend the motorcycle to the minor.

It not only threatens the minor\\'s safety but also the safety of other motorcyclists, without exception the Petitioners, who use a motorcycle daily. This could be prevented if there were criminal sanctions to motorcycle owners or people who deliberately lend motorcycles to minors. (Nano Tresna Arfana/Halim/NRA)

Translated by: Yuniar Widiastuti

Translation uploaded on 3/12/2020

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