By : A n g k a s a. A. Introduction The traffic-accident victim numbers is growing time- to-time, and so does the fatality. In 2010, the number of deaths.

By :A n g k a s a

A. IntroductionThe 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 traffic-accident 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 perspectiveVictimology 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-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 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 2351) 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 2361) 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;

andc.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.

RestitutionRestitution 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 normsThe 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 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.

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

South-East 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 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.

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