Legal Review Implementation Of The No-Fault Compensation Principle Towards The Guarantee Of Road Traffic Accident Victims

Abstract

Law No. 34/1964 and Government Regulation No. 18/1965 stipulate the scope of legal entities eligible for compensation when they become victims of road traffic accidents. The scope of insurance for road traffic accident victims is as regulated in Law No. 34/1964 and Government Regulation No. 18/1965.The implementing regulations are as follows: Article 4 paragraph (1) of Law No. 34/1964 stipulates that "Every person who becomes a victim of death or becomes permanently disabled as a result of an accident caused by a road traffic vehicle as referred to in Article 1, will be compensated to him or his heirs in the amount determined based on Government Regulation.” If interpreted, then the accident victims who will be given funds are every person who dies or is permanently disabled as a result of an accident caused by road traffic transportation equipment. ExplanationArticle 4 paragraph (1) of Law No. 34/1964 stipulates that "Those who receive coverage under this law are those who are on the road outside the vehicle that caused the accident. However, if the victim has already received coverage under Law No. 33 of 1964 concerning the Mandatory Passenger Accident Insurance Fund, coverage is only provided once, namely by the mandatory passenger accident insurance fund referred to in the law." If interpreted, then the accident victim who receives insurance is every person who is a victim of an accident who is outside the means of transportation that caused/inflicted the accident. Article 10 paragraph (1) of PP No. 18/1965 stipulates that "Any person who is outside the road traffic transportation vehicle which causes an accident, who is a victim as a result of an accident from the use of said road traffic transportation vehicle, is entitled to a payment from the Road Traffic Accident Fund, except in the cases listed in Article 13." If interpreted, then accident victims who are in the vehicle that causes/inflicts the accident are not guaranteed or will not be given compensation. Taking into account the provisions as mentioned above, there is a difference in the compensation regime between the body of Article 4 paragraph (1) of Law No. 34/1964 and the Explanation of Article 4 paragraph (1) of Law No. 34/1964 and Article 10 paragraph (1) of PP No. 18/1965, where Article 4 paragraph (1) of Law No. 34/1964 adheres to the principle of no-fault compensation while the Explanation of Article 4 paragraph (1) of Law No. 34/1964 and Article 10 paragraph (1) of PP No. 18/1965 adheres to the principle of fault compensation. Therefore, it is necessary to study the direction of the compensation or guarantee regime for victims of traffic accidents as regulated in the Road Traffic Accident Fund Program and the efforts that need to be made by PT Jasa Raharja as a company mandated by the government to implement basic protection for victims of road traffic accidents in the event that there are differences in the compensation regime between the intended laws and regulations.