Road Repairing Causes Accidents, State Officials Can Be Imprisoned

JAKARTA - State officials, including governors and regents and mayors, have the potential to be sentenced if they allow roads to be damaged to cause traffic accidents. This was stated by the Chairman of the Indonesian Citizens Coalition for Transportation (KAWAT) Azas Tigor Nainggolan, following the widespread protests by residents over the poor condition of roads in various areas.

According to Azas Tigor, the recent protests by residents are a form of disappointment with the government, which is considered negligent in repairing damaged roads.

He gave examples of a number of symbolic actions, such as residents bathing catfish in a hole in the road in Lampung and Bogor Regency, as well as planting banana trees in the middle of a severely damaged road in Blora, Central Java. In Blora, he said, the road condition was said to have been damaged for almost three years without any significant repairs.

"All these actions are carried out by the community because the damaged roads are left for months, even years, without serious handling from the government as the road organizer," said Azas Tigor in his statement, Tuesday, February 24.

He explained that the impact of damaged roads not only causes inconvenience, but also eliminates people's access to school, work, and economic activities. This condition, he continued, increases the risk of traffic accidents which can cause serious injuries to death, as well as encourage people to fall into poverty due to loss of productivity.

Azas Tigor highlighted a number of fatal accidents that were allegedly triggered by damaged roads. One of them occurred on Jalan Matraman Raya, East Jakarta, which was said to have been bumpy and potholed for a long time.

On Monday morning, February 9, 2026, a student with the initials ASP (16) died after falling from a motorcycle due to road conditions, then being hit by a vehicle from behind. According to him, the road has often claimed victims.

A similar case also occurred on Jalan Raya Pasar Kemis, Tangerang Regency, Banten. In 13 days, four people were reported to have died due to accidents on a road section filled with holes with a depth of around 15 to 25 centimeters.

All the victims were motorcyclists who fell, then were hit by heavy vehicles such as a milling truck and a dump truck. The first accident occurred on February 1, 2026, while the last victim, an 18-year-old student, died on February 13, 2026 after falling into a road hole covered with puddles.

According to Azas Tigor, legally, the responsibility for road conditions is clearly regulated in Law Number 22 of 2009 concerning Traffic and Road Transport. The central government is responsible for national roads, provincial governments for provincial roads, and district or city governments for district, city, and village roads.

He explained, Article 24 of the law requires road operators to immediately repair damaged roads that have the potential to cause accidents. If repairs cannot be made, the organizer must install a sign or warning sign to prevent accidents. This obligation is strengthened by the threat of criminal sanctions in Article 273.

"If damaged roads are left and cause accidents, road organizers can be sentenced. The threat of punishment ranges from six months in prison if it causes minor injuries, one year in prison if it causes serious injuries, to five years in prison if it causes people to die," said Azas Tigor.

He emphasized that the provision opens the possibility for governors, regents, or mayors to be prosecuted if they are proven to have neglected their duties as road managers.

Therefore, he asked the police not only to check the driver or accident victim, but also to trace the responsibility of road organizers if an accident occurs due to damaged infrastructure conditions.

Furthermore, Azas Tigor explained that after the criminal verdict, the victim or the victim's family can still take a civil lawsuit against the government as the road organizer on the basis of an illegal act. The lawsuit can be filed with the district court by referring to the criminal verdict which states that there is negligence.

He assessed that consistent enforcement of the law on damaged roads was part of efforts to build a traffic safety culture. Referring to the theory of the legal system, the effectiveness of the law is determined by the substance of the rules, the enforcement structure, and the legal culture.

"The rules are already there. It remains to be enforced firmly and consistently so that the government is more accountable, and the community is protected," he said.