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Sophan's family told to sue govt over fatal crash
The family of actor and politician Sophan Sophiaan is being advised to sue the government over road damage that may have contributed to the accident that claimed his life Saturday
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The family of actor and politician Sophan Sophiaan is being advised to sue the government over road damage that may have contributed to the accident that claimed his life Saturday.
Legal experts, lawmakers and non-governmental organizations said Sunday that Sophan's family could take the government to court for negligence and failure to protect its citizens, resulting in death.
"There is jurisprudence in citizens successfully suing the government because of negligence that resulted in an accident," prominent legal expert Frans H. Winarta said.
He said a civil lawsuit against the government could be based on Article 1367 and Article 1365 of the civil law on official malfeasance leading to an incident that claims a life.
Sophan, an award-winning actor, died Saturday in a motorcycle accident near the border between Ngawi in East Java and Sragen in Central Java. He was taking part in a motorcade across Java in celebration of National Awakening Day.
Police said Sophan fell from his Harley-Davidson motorcycle when trying to avoid a large pothole. The motorcycle fell on top of him, breaking his ribs, crushing his lungs and causing internal bleeding.
Several members of the House of Representatives also suggested the family of the victim pursue a lawsuit.
"Enough is enough. The government must be held responsible for the accident so that it fixes the roads, and we don't have to see more fatal accidents," said Ganjar Pranowo of the Indonesian Democratic Party of Struggle (PDI-P).
Lawmaker Mutammimul Ula of the Prosperous Justice Party (PKS) said legal action was necessary because many people had died in similar traffic accidents.
"The family can sue the government on behalf of Pak Sophan, or people along the border of Ngawi and Sragen can file a class action against the government if they think the damaged roads have endangered them," he said.
Potholes and damaged roads across the country have contributed to traffic accidents that kill thousands of people every year. In Jakarta, potholes created during the rainy season caused numerous accidents in February and March, in which dozens of motorists were killed, sparking public anger over poor road maintenance.
Aside from causing accidents, the potholes also hamper traffic flow and increase transportation costs for cargo vehicles.
Sophan, a former chairman of the PDI-P faction in the House, was buried Sunday at Tanah Kusir cemetery in South Jakarta. Thousands of people, including several ministers and lawmakers, attended the funeral.
Constitutional Court chief Jimly Asshiddiqqie led a prayer for Sophan before his burial, while President Susilo Bambang Yudhoyono and First Lady Ani Yudhoyono visited the family's home in Bintaro Jaya, South Jakarta, on Saturday to pay their last respects.
"We have lost a great man, who was working to improve the country's sense of nationalism. I hope his spirit will be carried on," Yuhoyono said.
