Center for Regulation Impact and Regional Autonomy Studies, Faculty of Law UGM, urged the government to revise Law No. 33 Year 1964 about Insurance Fund for Passenger Experiencin Accidents and Law No. 34 Year 1964 about Obligatory Insurance Fund for Traffic Accident. In a forum group discussion, Saturday (26/2), at Debating Room of the Faculty emerged that management of fund for accident insurance is made after accidents happened. Therefore, this Law is seen as curative only. “The compensation is given when there is a victim of accident,” said Dr. Sulistiowati, S.H., M.Hum, delivering report of these two Laws.
Sulistiowati said that the concept of Law No. 33 and 34 Year 1964 is no longer suitable for the current condition. As the substitution, preventive law is proposed. The law is able to give assurance for all road users including owners of personal vehicles. “All riders in roads are aware indeed that they have accident possibilities,” Sulistiowati, researcher of Center explained.
Unclearness in Law No. 33 and 34 Year 1964 has extended to other sectors, such as Traffic and Transportation Law, shipping, railways, etc. In various regulations of the Law, accident insurance is only given to public transportation, not drivers of private vehicles.
As a proposal to the Law which is preventive, researchers expected that the remaining funds of accident premium from obligatory dues/donation can be allocated to other activities, such as traffic socialization and many other educational activities.
According to Sulistiowati, the high number of accidents became the reason for the revision of Law No. 33 and 34 Year 1964. It is mentioned that in year 2002, there were 30,000 accident casualties, 450,000 people badly injured, and 2,100,000 people having minor injuries. The cause of accidents ranges from indisciplinary (80-90%), vehicle (4%), road (3%) and environmental factor (1%).
The data from Indonesian Police year 2009 mentioned at least 57,726 cases of accident in highway, so within 9.1 minutes there is one accident. From the number, the total victims who died on spot is 28 thousand people.
Traffic accidents not only cause the death of people, but also financial losses. “Ideally, those who have accidents do not manage their own insurance. That is the spirit we find in both Laws,” she ended the conversation.