UMY Students File a Complaint for Article of the LLAJ Law After an Accident Caused by a Cigarette Butt

Yogyakarta - University of Muhammadiyah Yogyakarta (UMY) student Muhammad Reihan Alfariziq filed a material test against Article 106 of the Road Traffic and Transportation Law (UU LLAJ) to the Constitutional Court after experiencing a traffic accident due to the cigarette butts of other drivers.

"The norm of Article 106 of the LLAJ Law is too general and has not provided real protection for the safety of road users," said Reihan in Yogyakarta, Friday, January 23, reported by ANTARA.

According to Reihan, Article 106 of the LLAJ Law which regulates the obligation of drivers to drive in a reasonable and concentrated manner has not provided legal certainty for dangerous behavior on the road.

The UMY Faculty of Law (FH) student assessed that the norm in the article was too general and did not explicitly regulate actions that could potentially harm other road users, such as smoking while driving.

Reihan then recounted that the accident occurred on April 23, 2025 on the Pantura line.

At that time, the driver of the car in front was smoking while driving and several times threw cigarette ash onto the road.

"At first he threw away the cigarette ash once, I honked. He threw it away a second time, I honked again. But the third time, he threw away the cigarette butt at once and the condition was still on," said Reihan.

The cigarette butt that was still burning hit his eyes, temples, and hands. This condition made Reihan surprised and reflexively slowed down his vehicle.

However, from behind, another car came and hit him until he fell, while his motorcycle was dragged under the vehicle.

Based on this experience, Reihan assessed that the state has not been optimally present in protecting the safety of citizens on the road.

He referred to Article 28G paragraph (1) of the 1945 Constitution which guarantees the right to security and self-protection, as well as Article 28D paragraph (1) which guarantees legal certainty.

"The vague norm makes the country seem indifferent to the safety of citizens. Without clarification of the rules, dangerous practices on the highway will continue to be considered trivial," he said.

The application for the material test was heard for the first time at the Constitutional Court (MK) on Tuesday (20/1) in Jakarta.

In his application, Reihan did not ask for Article 106 of the LLAJ Law to be deleted, but rather interpreted it conditionally to regulate more strictly the prohibition of dangerous behavior while driving.

Reihan emphasized that the legal steps he took were not solely driven by personal interests, but for the wider public interest.

He hopes that this effort can encourage an increase in awareness of traffic safety as part of the constitutional rights of citizens.

"This is not just about me, but about the public's right to be safe on the road. Safety and security are constitutional rights that must be protected by the state," he said.