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Sins of the Mothers & Fathers Shall Not Go Unpunished

Constitutional Court Asked to Criminally Charge Parents of Under-Aged Children Operating Motor Vehicles.

Detik.com reports that a group of Law students from Sahid University in Jakarta have filed a case before the Indonesian Constitutional Court (Mahkamah Konstitusi-MK) seeking the mandatory criminal prosecution of parents who allow their children to operate motorcycles and other vehicles.

The suit filed with the MK on Monday, February 3, 2020, was lodged by a group of law students comprised of Novan Lailathul Rizky, Indah Aprilia, Carotama Rusdiyan, Anidya Octavia Khoirunisa, and Munawir. Acting as legal counsels for the group are Viktor Santoso Tandiasa and Yohanes Mahatma Pambudianto.

The legal petition registered with the MK seeks a legal review of Section 331, paragraphs 2, 3, 4, and 5 of Law Number 22 of 2009 on Traffic and Road Transport (UU LLAJ). This law calls for prison sentences and heavy fines for anyone who operates a motor vehicle that endangers others. The plaintiffs are asking the court to extend the punishment to include adults who permit a minor child to endanger public safety through the illegal operation of a motor vehicle, and to be formally included under the terms and understanding of "operating" or "allowing to operate" a motor vehicle.

The complaint argues that allowing children to endanger themselves and others in illegally operating a vehicle violates the right to life and human rights guaranteed under the 1945 Indonesian State Constitution.

The petition before the Court states, "The petitioners before the Court often experience situations that threaten their security and safety of life resulting from underage children being allowed to ride motorcycles on public roads.”

The complaint filed with the Constitutional Court cited that safety on the roadways is threatened when minors who, by the very nature of their age, are mentally ill-equipped to drive motorcycles despite being allowed lax parents to do so.

Continuing, the legal pleading argues that parents should not be allowed to abandon their legal responsibility that results from allowing children to operate a motor vehicle.

Accordingly, the claim before the Constitutional Court seeks that criminal penalties apply to anyone who allows or lends a motor vehicle to be operated by a minor child.

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