traffic accident victims angkasa indonesia

By :
Angkasa

A. Introduction
The traffic-accident victim numbers is growing

time-to-time, and so does the fatality.
In 2010, the number of deaths by this is

reaching 30.637.. it means, there are 3 – 4
persons died per hour or 84 persons per day
died by this accident.
Nationally, 67% of the traffic-accident victims

are on their productive ages (22 - 50 years-old).

Loss productivity of the victims and the

financial loss due to the accident s predicted
reaching 2,9 - 3,1% from the Indonesian total
PDB, or equals to Rp205 - 220 trillion in 2010

with the total of PDB is reaching Rp7.000
trillion.

This phenomena is not only happening in

Indonesia but also in the whole world, every
years, 1,3 million people died by the trafficaccident or more than 3.000 persons per day.
World

Health Organization (WHO) has
published that the death on the road will be
treated as one of the non -infectious disease
with the highest death-rate. In 2020, the
traffic accident is predicted as the 3rd most
killing
disease
after
heart-attack
and
depression. (the table is enclosed).


This is absolutely pathetic and need more

serious attention and settlement.
Based on that situation, this writing is aimed

to describe the traffic-accident victims
especially in Indonesia in the victimology
perspective.

Victimology perspective
Victimology perspective is used in order to

see the traffic-accident victims from the three
victimology aims point of view as stated by
Zvonimir-Paul Separovic below.
1.to analyze the manifold aspects of the
victim’s problem;
2.to explain the causes for victimization;
3.to develop a system of measures for reducing

human suffering.

B. Discussion
1. To analyze the manifold aspects of the
traffic accident victim’s problem;
First, about the lost and the sufferings of the
victim and the
Second about the regulation and the
implementation of the traffic accident victim
settlement today, especially in Indonesia.

The lost and the
sufferings of the traffic
accident victim.
To determine the lost and the sufferings of

the traffic accident victim look at the table
that shows the number of traffic accident
below in the last 5 years from 2005 to 2010 which
is followed by the data of the death, the victims

with trauma, and victims with minor injuries.

the number of traffic
accident

 The data shows that in 2006 the traffic accident was reaching 87.020

cases with the number of deaths were 15.762 persons, deep trauma
33.282 persons and minor injuries 52.310 persons.

 In 2007 the number of traffic accident was reaching 48.058 cases

with the number of deaths were 16.548 persons, deep trauma 20.180
persons and minor injuries were 45.860 persons.



In 2008,the number of traffic accident was reaching 59.154 cases
with the number of death was reaching 20.188 persons, deep trauma
23.440 persons and min or injuries were 55.722 persons.


 In 2009 the number of traffic accident was reaching 62.960 cases

with the number of death was reaching 19.979 orang, deep trauma
23.469 persons andminor injuries were 62.936persons.

 In 2010, the number of traffic accident as reaching66.488caseswith

the number of death was reaching 19.873persons, deep
trauma26.196persons and the minor injuries were63.809persons.

The data above shows that, except in 2006, the

number of traffic accident was increasing from
2007 up to 2010.
 And so does the number of death, was increasing
from 2006 up to 2008.
In 2009 and in 2010 it was indeed decreasing
about 300s persons compared to 2008.
While for the deep trauma and minor injuries

victims, they are still increasing besides in 2006.
It means that the fatality is not changing
event ends to increase.

The number of
financial lost

Besides causing deaths, deep trauma and

minor injuries, traffic accident also creates
significant financial lost and increases year-byyear.
 In 2006 the financial lost was reaching
Rp.81.847.536.607.00, while
 In 2007 it was Rp. 109.938.640.300.00, and;
 In 2008 was Rp.131.209.757.478.00,
In 2009 was 136.285.412.000.00, and in 2010
it was reaching Rp. 158.258.601.407.00.

As the definition of victims, from their perspective,


victim must be the one who suffer the lost, from
financial lost, minor injuries, deep trauma to the
deaths along with the financial lost.
In the reality, some loss also can be suffered in the
same time it means, that besides suffering the
physical lost, they will probably also suffer from the
physical and financial lost.
It is just similar with the crime victim unless the social
lost that is almost not being experienced by the traffic
accident victim.
The effect which is caused by a crime to the victim
according to Joanna Shapland can be a financial
loss, psychological effect, physical effect, and social
effects

The Regulation and the
Implementation of traffic
accident victim settlement.
The normative settlement on traffic accident victim is


regulated in certain articles in some law, such as the Law
number 22 Year 2009 concerning the Traffic and The
Transportation.
The regulations are in the article 234, 235, 236, 240 and

241.
The articles 234 to 236 are regulating the Driver’s,
Owner’s and the Transport Company’s Obligations and
Responsibility, towards the traffic accident victim.
The articles’ 240 and 241 are regulating the victim’s
rights.

Article 234
(1). The Driver, Owner and the Transport
Company are responsible on the lost suffered
by the passengers and the goods owner or the
third party who are involved due to the
negligence of the driver.
(2). That every driver Owner and the Transport
Company are responsible on the infrastructure

destruction and the (infrastructure) road
attribute due to the negligence of the driver.

Article 234
(3)The provision such stated in section (1)
and(2) are not valid in such conditions:
a. The force major is exist and cannot be refused

by the driver in any manner, or it is more than
the driver’s will;
b. The accident was happened by the victims’ or
the third party’s act; and
c. The accident was happened triggered by
someone’s or an animal movement even
though the anticipation has been taken before
hand.

Article 235
1) If the victim died in the traffic accident as stated


in article 229 section (1) point c, so, the Driver,
Owner and the Transport Company are obliged to
restitute the victims’ heir the medical care and
the funeral, and those restitutions will not
remove the crime responsibility.

2) If the victims are physically injured or their health

is disturbed due to the accident as has been
stated in article 229 section (1) point b and c,
Driver, Owner and the Transport Company are
obliged to restitute the victim with the medical
care expenses and will not remove the crime
responsibility.

Article 236
1) The party which caused the accident as has

been stated in article 229 is obliged to
restitute the lost that the amount has been

determined by the court sentence.
2) The obligation to restitute the loss as has

been stated in section (1) to the traffic
accident as stated in article 229 section (2)
can be done before or not in the court if such
agreement is reached by both-involved sides.

Article 240
The traffic accident victim deserves to get:
a.A help and proper medical care from the actor

of the accident and / or the government;
b.A restitution from the actor of the accident;
and
c.A compensation from the insurance.

Article 241
Every traffic accident victim deserves to be

prioritized by the nearest hospital according to
the law provision.

Besides those provisions, there are some

regulations which protect the rights of traffic
accident victims to sue restitution to the actor.
The regulations are article 98 to article 101
Law no 8 Year 1981 concerning the Indonesia
Penal Code Procedure which regulates the
Cases Integration of the Restitution Claim.

The regulation about
insurance
 The regulation about insurance also stated that

the victims also deserved to get the
compensation.
The Law No 33 Year 1964 concerning the

compulsory funds of the passengers and also The
Law no 34 Year 1964 concerning the compulsory
funds of the traffic accident. Jo. The government
regulation No 17 Year 1965 that regulates the
procedures of compulsory funds of the
passengers.

According to those norms, the conclusion is that

Indonesian Law has given such attention to the
traffic accident victims.

The attentions given are protecting the victim’s rights

as has been stated in some articles, namely article
240 (about the help and medical care and
compensation from the actor), and article 241 (to be
prioritized to get the first aid and medical care in the
nearest hospital). In the other word, the victims are
allowed to get the restitution.

Beside those, the victims who are qualified for certain

requirements are allowed to get insurance.

Restitution
Restitution is the act of restoring to the

original owner, making good a loss,
indemnification: restitution is reparation to an
original shape: said of elastic bodies.
Synonim with compensation, damages,
reparation, return . Webster, 1985, World
University Dictionary, Copyright 1965. By
Books Inc. Printed in The United States of
America, Publishers Company Inc. Washington
D. C.p. 841.

The implementations
of norms
The implementations of such norms are classified

effective.
But the obstacles are still exist and experienced by
the victims in the court process. The obstacles are;
a)The judge will not answer the restitution charge to
the doer who are financially disable.
b)The judge will only answer the claim from the victim
upon the loss which is seen, such as the medical care,
and the vehicle reconstruction. And will not restitute
the loss as the consequences of the accident, such as
the loss of income due to take the day off of working
or even, if the victim is fired from the job due to the
permanent injuries/ disabilities from the accident.

c). If the responsible actor is avoiding to restitute,
thus they should go to the civil court which will
take long time.
d). If the actor of the accident was also died so the
victims cannot charge the restitution to the
heir. Unless, the one who responsible is a
corporation.
e). The victim in the single accident, such as the
accident by the holes on the road, will not get
the restitution.

2. To explain the causes for
victimization (traffic
accident);
The

following aspects which are
discussed are the causes of traffic
accident. These causes are classified
into 5 groups, namely human factor,
vehicle factor, the road factor, the
nature factor, and others. The most
influencing factors in annual order are
as follows:

the causes for traffic
accident

The Human Factor such as the negligence from

the victim, if they are careless while crossing the
road, ignoring the traffic light. The human factor
also can be in a situation when the driver is not fit,
too tired, and sleepy, drunk, under the alcohol or
medicine, the bad hearing and seeing ability.
The vehicle factor, such as the imprope
transportation the broken break, the steeringwheel, the improper tire. The improper light or the
violation on the kind of lamp installed.
The road factors, slippery road, too deep
junction, too narrow roads.
 The nature factors ,such as bad weather (fog,
dark, rain etc).

3. To develop a system of
measures for reducing
human suffering
The third study is related with the system

development in order to minimize the
human sufferings. To reduce the loss and
the sufferings of the main victim and of
course reducing the number of traffic
accident, along with the fatality. And so,
reducing the victim’s suffering by the penal
court system.

Therefore, the General Assembly of United

Nations on March 2010 declared the Decade of
Action (DoA) for Road Safety 2011 - 2020 which
was aimed to control and reduce the fatality of
the traffic accident victim globally by improving
the national, regional and global scale activity.
The spirit of declaration of the Decade of

Action for Road Safety 2011-2020 is in a line
with the Law No 22 Year 2009 concerning the
traffic and the transportation especially the
article 203 to arrange the Rencana Umum
Nasional Keselamatan Jalan (RUNK).

In order to empower the momentum, the

government arranges the long - term RUNK (25
years) and declares the DoA to be the part of
RUNK.
 The philosophy of RUNK are sustainable,
coordinated, and togetherness, according to
the understanding about the safety on the traffic
is the responsibility of each citizen.
To fulfill the Decade of Action for Road Safety of
the UN, the first ten years of the RUNK which is
determined as the Dekade Aksi Keselamatan
JalanRepublik Indonesia 2011-2020 program.

The report of Asian Development Bank (ADB) in

2004 described that one of the weakness of the
implementation of the Indonesian safety driving
is the bad coordination and management.

Coordination is the key of succeed of there

alization of safety riding in a country. Thus, the
main focus of the government is to ensure the
implementation of safety riding as the
responsibility of all parties must be done in
harmony and well-coordinated with the orchestra
principles.

The vision arrangement of RUNK in

2011-2035 is employing key words,
namely:
the best, the south-east Asia, and
coordination. In order to support the
vision, the aspects that must be
accommodated in the mission of RUNK,
are: national priority, prioritizing the
safety, synergize all potential sectors.

Based on the explanation above, the Vision

and Mission of the implementation of
Indonesian Safety Driving 2011-2035 are as
follows:
Vision:
"To Achieve The Best Safety Driving In SouthEast Asia By The Coordination Empowerment”

Mission:

1). The safety driving empowerment as the
national priority;
Every party realizes the significance of the
national economy loss caused by the accident,
thus the commitment to make the safety driving to
be one of the main discussions in the policy
making, program and the development agenda.
2). Socialyze the implementation of traffic
which is prioritizing the safety;
All are actively support the safety empowerment
in every chain of the traffic and transportation;
3). To synergize the potential sectors to
maximize the safety work

Rencana Umum Nasional
Keselamatan Jalan (RUNK)
has a long term target:
To reduce 80% the fatality level of the

traffic accident victims in 2035 based
on the data gained in 2010 which is
measured by the fatality level per
10.000 vehicles or so called as fatality
index per 10.000 vehicles and severity
level per 10.000 vehicles. In 2035, the
expected fatality index is 0,87, while
the severity index is 1,02.

the long term target are
as follows.
1) The direction and commitment harmonization on

implementing
the
safety
driving
by
the
implementation of orchestra principles which is
inclusively coordinating the 5 pillars.
2) The safety implementation that employs the priority
– scale victims settlement
(Emergency Services),
the injuries prevention ( Passive Safety), and the
accident
prevention(Active
Safety);
and
the
approach which is continuously changes from
curative to preventive.
3) The
approach
of the
safety
system
that
accommodate the human error and the susceptibility
of the human body to ensure that the traffic accident
may cause the death and the deep trauma.

Recommendation.
1) The compensation, needs to be given to the

victims for the cases that the actor of the accident is
financially disabled or dead.
2) The loss that is restituted is not only for the loss

that is seen such as the medical care or the vehicle
reparation, but also the loss of the income that
supposed to be accepted along the cure.
3) The regulation about the government’s

responsibility to aid the victim of the single accident
caused by the improper road to be realized.

DEATH

DEATH

DEATH

DEATH

DEATH

DEEP TRAUMA

DEEP TRAUMA

DEEP TRAUMA

MINOR INJURIES

MINOR INJURIES