Today’s Legal Enlightenment (Monday, 24 October 2022)

“NEGLIGENCE THAT CAUSES THE DEATH OF PEOPLE – ARTICLE 359 of the Criminal Code”

The defendant was declared legally and convincingly guilty of “causing the death of a person because of their negligence,” as regulated in Article 359 of the Criminal Code. The act began when the defendant’s car stopped on the side of the road waiting for passengers. Suddenly, the defendant opened their car door, but when they opened it, they should have paid attention to the traffic flow, which they did not do. Moreover, the road was narrow and not a place for public transportation to stop.

The defendant did not realize that a motorcycle was coming from the same direction as the defendant’s car. The defendant’s car door hit the motorcycle the victim was riding, and the victim fell to the asphalt. Meanwhile, another victim, sitting behind the motorcycle rider, bounced under the back tire of a truck passing by and died.

Supreme Court Decision Number 1293 K/Pid/2009

Source: Hukumonline.com, 18 July 2022

Best regards,

Fredrik J. Pinakunary