Constitutional Justices M. Guntur Hamzah, Suhartoyo, and Daniel Yusmic P. Foekh opening the petition revision hearing of the judicial review of the Criminal Code (KUHP) and the LLAJ Law, Monday (10/16/2023). Photo by MKRI/Ifa.

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JAKARTA (MKRI) — The Constitutional Court (MK) held the second judicial review hearing of Article 531 of the Criminal Code (KUHP) and Article 312 of Law No. 22 of 2009 on Road Traffic and Land Transportation (LLAJ) for case No. 114/PUU-XXI/2023. The petition revision hearing for the petition filed by Leonardo Siahaan took place in one of the Court’s panel courtrooms on Monday, October 16, 2023. It was presided over by Constitutional Justices M. Guntur Hamzah, Suhartoyo, and Daniel Yusmic P. Foekh.

The Petitioner conveyed several parts that had been revised in his petition, including the addition of comparison to countries such as China, Belgium, and South Korea where helping victims of accidents or emergencies cannot be criminalized. Such acts are voluntary and cannot be prosecuted both civilly and criminally. Several common law countries such as Australia and India share the view that helping accident victims is a voluntary act. Next, he also added an argument that the Government should give proper education for the community relating to helping accident victims and that it needs to be taught in schools.

“There is no change to the petitum but it will be read out again. With all the arguments and evidence attached, the Petitioner requests the Court to declare case No. 114/PUU-XXI/2023, which challenges the Criminal Code (KUHP) and Law No. 22 of 2009 on Road Traffic and Land Transportation, granted,” he said.

Also read: Petitioner Fears Criminalization of Rescuers of Accident Victims

At the preliminary hearing on Monday, October 2, the Petitioner argued that Article 531 of the Criminal Code confirms that a person who assists victims of an accident can be criminalized if they endanger the victims and other people. Therefore, such as norm does not give appreciation of the conscientious action of a person who helps accident victims or excludes spontaneous liabilities arising from the act of caring to help others who need help.

The Petitioner also argued that Article 312 of the LLAJ Law mean that a person is not given the opportunity to provide an explanation for not reporting immediately to the Police if they are at the scene of an accident and witnesses an accident. “So, Article 531 of the Criminal Code, where helping accident victims can be subject to criminal charges, is in line with the phrase “without a proper reason’ in Article 312 of the LLAJ Law. So, if someone sees an accident victim but does not report it, they can also be criminalized,” explained the Petitioner, who attended the hearing online.

Therefore, in his petitum, the Petitioner requests that the Court declare both the phrases “which he is capable to extend or provide to him without reasonably danger for himself or another” in Article 531 of the Criminal Code and “without a proper reason” in Article 312 of the LLAJ Law unconstitutional and not legally binding.

Author       : Sri Pujianti
Editor        : Lulu Anjarsari P.
PR            : M. Halim
Translator  : Nyi Mas Laras Nur Inten Kemalasari/Yuniar Widiastuti (NL)

Disclaimer: The original version of the news is in Indonesian. In case of any differences between the English and the Indonesian versions, the Indonesian version will prevail.

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