By :
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
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
This phenomena is not only happening in
Indonesia but also in the whole world, every
years, 1,3 million people died by the
traffic-accident or more than 3.000 persons per day.
World Health Organization
(WHO) has
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
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;
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
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
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 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.
Besides causing deaths, deep trauma and
minor injuries,
traffic accident
also creates
significant financial lost and increases
year-by-year.
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
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
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.
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.
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
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.
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.
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
Article 241
Every traffic accident victim deserves to be
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
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
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.
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
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.
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.
2. T
o explain the causes for
victimization (traffic
accident);
The following aspects which are
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
steering-wheel, 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.
3. To develop a system of
measures for reducing
human suffering
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
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.
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.
The vision arrangement of RUNK in
2011-2035 is employing key words,
namely:
the best, the south-east Asia, and
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
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;
Rencana Umum Nasional
Keselamatan Jalan
(RUNK)
has a long term target:
To reduce 80% the fatality level of the
The strategies to achieve
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.
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
