Reconstruction of the Criminal Liability of Road Operators in Traffic Accidents

Abstract

The road organizer under Law Number 22 of 2009 on Road Traffic and Transportation (LLAJ Law) can only be subjected to criminal liability for road damage (Article 24 in conjunction with Article 273). However, criminal sanctions for road organizers who neglect to provide road equipment (Articles 25 and 26) have not been clearly regulated. Essentially, road organizers have a fundamental obligation to provide and ensure the availability of road equipment such as traffic signs, road markings, traffic signal devices (APILL), and other road safety facilities. A crucial issue arises regarding the regulation of liability, the application of criminal liability, and the reconstruction of criminal liability concerning road organizers who fail to provide road equipment. This study employs a normative juridical method with statutory, conceptual, case, and comparative approaches. Data were collected through literature studies, regulatory analysis, and interviews with relevant resource persons, then analyzed qualitatively. Case studies of accidents in Purwakarta and Cibubur show that criminal liability has so far only been imposed on drivers, even though evidence indicates the contribution of road organizers, such as the ineffective installation of sharp turn signs and speed limits. This situation creates legal uncertainty and fails to deliver justice in enforcing criminal liability against road organizers. The findings highlight the need to reconstruct the regulation of criminal liability for road organizers who neglect to provide road equipment, based on the provisions of Articles 25 and 26 of the LLAJ Law, by adding criminal sanctions for such negligence. Recommendations from this research include the immediate revision and/or amendment of criminal provisions through Article 273 b of the LLAJ Law, referring to Article 25 paragraph (1) of the LLAJ Law. Additionally, comprehensive supervision is suggested, both internal supervision (through the Propam Division, inspectorate, and performance audits of investigators), and external supervision (through the National Police Commission, the Ombudsman of the Republic of Indonesia, and the National Human Rights Commission) for traffic accident cases related to road equipment.