New traffic law offers more green lights for road users

The Jakarta Post ,  Jakarta   |  Sat, 11/07/2009 1:04 PM  |  City

The newly enacted traffic law will be welcomed by road users as it guarantees their rights on the streets as well as imposes lighter sanctions on traffic violators.

The new law, for example, stipulates that owners of vehicles not meeting roadworthiness standards will be given a maximum punishment of two months' imprisonment or Rp 500,000 (US$52) in fines, while the previous maximum punishment was a three-month prison sentence or a Rp 3 million fine.

Only three violations face harsher penalties: violating the speed limit, refusing to assist victims of traffic accidents, and a failure to fulfill safety regulations.

The new law also states that road users can sue the city administration and private companies that manage public roads, if they deem road safety conditions to have been neglected.

The Jakarta Police's deputy traffic head, Adj. Sr. Comr. Yaya Ahmudiarto, said he did not understand the reason behind the new arrangements.

"Our job is only to enforce the law, I fail to see any justification for the lighter punishments," he said.

Yaya also said that it would take a while before the new law could be enforced since it required more time to create practical regulations and to raise public awareness.

Police currently still refer to the 1992 Traffic Law, he said.

The 2009 law was endorsed in May to replace the 1992 law, which is considered to be out of touch with existing traffic conditions in the country.

Bambang Susantono, chairman of the Indonesian Transportation Society, welcomed the inclusion of articles in the new law that benefit road users.

"It is only fair that the lawmakers included many new articles. The traffic conditions always change in correlation with the society. Many aspects that used to be unregulated must now be regulated," he said Wednesday.

Bambang questioned the lighter punishments given in the new law.

He said he had only recently been made aware of their inclusion.

"I do not understand why the lawmakers reduced the sanctions for violators.

"I believe the punishment should be heavier, not lighter," he said.

Bambang argued that strong traffic law enforcement was needed because of the public's low awareness levels of the new law.

"I believe people have no compunction about violating traffic regulations because many people violate them on a daily basis. This is compounded by the fact that many of them do not understand the regulations," he said.

More traffic raids should be conducted in order to raise public awareness, he added.

"I know that in these operations, many violators choose to bribe the police officers to escape punishment. NGOs should be involved in supervising the operations to prevent such practices," Bambang said.

"The police should also cooperate with the NGOs to conduct research into road users' behavior. This kind of research can help them resolve our traffic problems," he said.

Bambang said the traffic law must also be included in the country's education curriculum in order to raise awareness of it among future generations.

He said the key stakeholders affecting traffic problems were the legal enforcers, especially the traffic police.

"We need clean legal officers who are willing to say no to bribes," he said. (mrs)

New articles in Law 22/2009

City administration and private companies that manage public roads are responsible for ensuring road safety, and can be charged for traffic accidents.

Anyone who damages road facilities will be charged.

Any public vehicle or truck driver violating their operational license will be charged.

Any driver not carrying tire-changing tools and a first-aid kit will be charged.

Any driver whose vehicle is attached to dangerous tools will be charged.

Any motorcycle driver with more than one passenger riding pillion will be charged.

Any driver who does not turn on their headlights at night will be charged.

Any driver who changes direction without indicating will be charged.

Any driver who does not signal before stopping in the middle of the road will be charged.

Any non-motorized vehicle driver tailgating a motorized vehicle will be charged.

All public vehicles must come to a complete stop before passengers get on or off.

All public vehicles' doors must remain closed when the vehicle is in motion.

All public vehicles may only stop at regulated stops.

Trucks may not be used to transport people.

Truck drivers must be in possession of a cargo manifest.

Any driver whose actions cause traffic accidents will be charged.

Source: Law 14/1992 and Law 22/2009

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