Sophan's family told to sue govt over fatal crash

Abdul Khalik ,  The Jakarta Post ,  Jakarta   |  Mon, 05/19/2008 2:47 AM  |  Headlines

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.

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Dewi Rachma (not verified) — Tue, 05/20/2008 - 10:51am

It's a tragedy that Sophan Sophiaan has died because of the state of roads but what of the THOUSANDS, TENS OF THOUSANDS that die or injured annually because of the roads. The problem is not so much in the Governments negligence in repairing the roads, it's the negligence in reigning in corruption that leads to nothing more than a black spray job over the holes only to be washed away with the next downpoor. Think of the trillions that are poured down the drain every time repairs are done, then re-done & re-done. It's pathetic to see tax money waisted while poor people suffer.

Ashphelt is a bi-product of oil, therefore the cost must be rising so even more reason to DO THE JOB RIGHT! Look at the roads in Malaysia. How is they can achieve what we cannot. Don't say it's lack of budget when that budget is burned on sloppy repairs. Even Vietnam has better roads than us. It's a national disgrace that we should all be ashamed of. Rest with peace Sophan.

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