Cikunir Toll Flood Victims Sue Rp2.25 Billion
Cikunir Toll Flood Victims Sue Rp2.25 Billion
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BEKASI - Victims of drowned when flood in Cikunir 4 toll road with her car, Kartika Dewi (23), sued four parties to be responsible for the incident. The lawsuit has been filed to Central Jakarta District Court (PN) by her lawyer, David Tobing, Wednesday (22/2).
In a written statement, David Tobing said that, in addition to PT Jasa Marga (the first defendant), the client is also sued four other parties namely PT Jakarta Outer Ring Road (the second defendant), the Ministry of Public Works (PU) and Public Housing (defendant III), Toll Road Regulatory Agency (defendant IV) and the Ministry of State-Owned Enterprises (defendant V).
"Five of the defendant has committed an unlawful act that endanger the safety and also harm the plaintiff," said David.
Basis of the claim is Article 2 and 3 of Law 38 of 2004 on Roads, Article 8 (1) and Article 30 paragraph (3) PP 15 of 2005 on the Toll Road, and/or Article 3 (1) PU Minister Regulation No 16 of 2014 on Minimum Service Standards Toll Road, and Article 656 Presidential Decree 24 of 2010 on the Position, Task, and Function of State Ministries and the Organizational Structure, Duties and Functions of Echelon of State Ministries.
This following a request Kartika to fifth defendant:
- Punish Defendant I and/or the second defendant to provide and operate the pump sump in sections of toll road is prone to flooding, CCTV, lighting and/or other devices that can mendeteteksi early and informing road-toll roads impassable because of the potential danger.
- Sentences Defendant I to provide and/or operate a tow truck, patrol cars and / or ambulances that operate 24 hours a day continuously.
- Order the Defendant V fire and/or dismiss Directors and Commissioners Defendant I and Defendant II through the General Meeting of Shareholders.
- Order the Defendant I to terminate the Operating Services Agreement, Security, and Asset Maintenance Project JORR dated December 31, 2009 with the second defendant.
- Punish Defendant I and Defendant II to make an apology to the plaintiff in the Kompas and Bisnis Indonesia for half pages.
- Sentences Defendant I to make an apology to the plaintiff in the official website of Indonesia Stock Exchange, known as idx.net for 30 consecutive days.
- Punish the defendants jointly and severally to pay compensation of material losses amounting to Rp 250 million (car sinks) to the claimant I and immaterial losses amounting to Rp 2 billion to the plaintiffs.
Chronology of incident:
The case led to the legal sphere as the father of Kartika disappointed by the negligence of local highway officials for the safety of his life. Tuesday (21/2) at around 04.00 pm, Kartika drove her husband to Halim Perdana Kusuma airport, Jakarta Timur. She departed from his home in Jati Asih, Bekasi.
From airport, Kartika return to her home through JORR. At approximately 4:50 pm, Kartika entering through the Cikunir 4 toll gate and trapped by flood about 100 meters from the substation payment.
"Whereas when paying admission, no notification from officials that the floods, which when it has reached the height of about one meter. The road conditions were rainy and dark even exacerbate," said David.
Safety of Kartika increasingly threatened as the water started to get into the cabin through the car dashboard. While on the outside, the water level is rising.
"Fortunately, our client can still open a window and get out of the car. She had to swim away from the car, toward higher ground," said David.
Having worked out, Kartika had cried out for help to the official toll, but no help came. He then walked to a nearby toll booth. On arrival at the substation, he berated the officer did not tell him toll about the condition of the road flooding.
"But lightly, turning clerk asked 'what do flood?' and even then no action whatsoever to help our clients are shivering with cold and fear," said David.
An hour passed, Kartika parents arrived at the toll booth to pick up. Meanwhile, the evacuation of the car driven by Kartika had hampered the weather conditions.
In a written statement, David Tobing said that, in addition to PT Jasa Marga (the first defendant), the client is also sued four other parties namely PT Jakarta Outer Ring Road (the second defendant), the Ministry of Public Works (PU) and Public Housing (defendant III), Toll Road Regulatory Agency (defendant IV) and the Ministry of State-Owned Enterprises (defendant V).
"Five of the defendant has committed an unlawful act that endanger the safety and also harm the plaintiff," said David.
Basis of the claim is Article 2 and 3 of Law 38 of 2004 on Roads, Article 8 (1) and Article 30 paragraph (3) PP 15 of 2005 on the Toll Road, and/or Article 3 (1) PU Minister Regulation No 16 of 2014 on Minimum Service Standards Toll Road, and Article 656 Presidential Decree 24 of 2010 on the Position, Task, and Function of State Ministries and the Organizational Structure, Duties and Functions of Echelon of State Ministries.
This following a request Kartika to fifth defendant:
- Punish Defendant I and/or the second defendant to provide and operate the pump sump in sections of toll road is prone to flooding, CCTV, lighting and/or other devices that can mendeteteksi early and informing road-toll roads impassable because of the potential danger.
- Sentences Defendant I to provide and/or operate a tow truck, patrol cars and / or ambulances that operate 24 hours a day continuously.
- Order the Defendant V fire and/or dismiss Directors and Commissioners Defendant I and Defendant II through the General Meeting of Shareholders.
- Order the Defendant I to terminate the Operating Services Agreement, Security, and Asset Maintenance Project JORR dated December 31, 2009 with the second defendant.
- Punish Defendant I and Defendant II to make an apology to the plaintiff in the Kompas and Bisnis Indonesia for half pages.
- Sentences Defendant I to make an apology to the plaintiff in the official website of Indonesia Stock Exchange, known as idx.net for 30 consecutive days.
- Punish the defendants jointly and severally to pay compensation of material losses amounting to Rp 250 million (car sinks) to the claimant I and immaterial losses amounting to Rp 2 billion to the plaintiffs.
Chronology of incident:
The case led to the legal sphere as the father of Kartika disappointed by the negligence of local highway officials for the safety of his life. Tuesday (21/2) at around 04.00 pm, Kartika drove her husband to Halim Perdana Kusuma airport, Jakarta Timur. She departed from his home in Jati Asih, Bekasi.
From airport, Kartika return to her home through JORR. At approximately 4:50 pm, Kartika entering through the Cikunir 4 toll gate and trapped by flood about 100 meters from the substation payment.
"Whereas when paying admission, no notification from officials that the floods, which when it has reached the height of about one meter. The road conditions were rainy and dark even exacerbate," said David.
Safety of Kartika increasingly threatened as the water started to get into the cabin through the car dashboard. While on the outside, the water level is rising.
"Fortunately, our client can still open a window and get out of the car. She had to swim away from the car, toward higher ground," said David.
Having worked out, Kartika had cried out for help to the official toll, but no help came. He then walked to a nearby toll booth. On arrival at the substation, he berated the officer did not tell him toll about the condition of the road flooding.
"But lightly, turning clerk asked 'what do flood?' and even then no action whatsoever to help our clients are shivering with cold and fear," said David.
An hour passed, Kartika parents arrived at the toll booth to pick up. Meanwhile, the evacuation of the car driven by Kartika had hampered the weather conditions.
(rnz)
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