Corresponding Author: Erifendi Churniawan
E-mail: [email protected]
INTRODUCTION
Vehicles have a very strategic role in supporting
integrated national development in Indonesia. In Indonesia, cars are divided
into 3: land, sea, and air (Sukmoro et al., 2019). Indonesian Railways Vehicle (KA) is a form of land
vehicle and a vehicle driven by a diesel engine, which can be operated alone or
together with other trains. Facilities that travel or move by rail are
associated with rail travel (Jumardi et al., 2020).
This train has one advantage: a lane that does not
interfere with other traffic. However, on the one hand, there are restrictions
on rail transportation. One of the limitations is that Indonesia currently has
a rail network that can only be used on the islands of Java and Sumatra. In the
development of railway technology in our country, railway technology is still significantly
behind compared to other developed countries. Judging from the topic of
technological developments in the railway sector, which is outdated, it affects
rail transport users' comfort, safety, and security. (Muhammad et al., 2018).
With the development of railway technology in
Indonesia, it is determined that Indonesian railway personnel (Human Resources)
must be trained in developed countries. This will undoubtedly be a problem in
the development of road construction, especially in the railway sector (Malkhamah et al., 2014). This problem often occurs in road accidents caused
by trains with other vehicles at railroad crossings. This problem is usually
caused by several factors, including human, road, car, and environmental
factors (Agata, 2020) (Tjahjono et al., 2019).
According to the Indonesian Railway Accident
Investigation, there was one accident in 2011, three in 2012, two in 2013, six
in 2014 and seven in 2015, and 6 accidents in 2016. Based on the high number of
train accidents in Indonesia, it was found that PT Kereta Api Indonesia cannot
fully address accidents (Budiawan et al., 2014). Indonesian Railways must be able to immediately
overcome all problems that can lead to train accidents so that these accidents
do not happen again. In the past, if there was a traffic accident between
trains and other vehicles, not only PT. The train is damaged, but all those
injured in the train crash are injured (Judge, 2020).
One of the causes of train accidents is that the Train
Crossing Guard does not close the railroad crossing doors directly, and another
thing that causes train accidents is due to careless drivers. One train
accident occurred at a railroad crossing in Jatipuro Hamlet, Jatipuro Village,
Trukuk District, and Klaten Regency. The accident is believed to have been
caused by the driver's negligence. However, the car driver denied this, saying
that the accident was caused by the fact that the railway gates were open and
the railroad crossing guards were not closed.
Article 124 of the Railway Law Number 23 of 2007
states that "at railroad and highway crossings, road users are obliged to
prioritize rail travel." Therefore, road users must prioritize passing by
train (Nurseto, 2017).
There are still crossing gate guards who do not
immediately close the crossing gate when the train passes the railroad
crossing, resulting in train accidents at the railroad crossing (Pambudi, 2009) (Syahputra, 2018). In Law No. 22 of 2009 concerning Road Traffic and
Transportation, it is stated in Article 114 reads, "At level crossings
between railway and road lines, vehicle drivers are obliged to: a. Stop when
the signal has sounded, the railroad latch has begun to close, and or other
signs; b. Prioritize the train; and c. It gives primary rights to vehicles that
cross the rails first (Yuliananingsih &
Fridino, 2019).
Based on this, it has been determined in Article 124
of Law Number 23 of 2007 and Article 114 of Law Number 22 of 2009, which states
regarding traffic and road transportation regulations, as well as vehicle users
who have determined that it should be when on a plot of a railroad crossing.
Prioritize the train to pass the railroad crossing. However, there have been
several cases of accidents at railroad crossings, most of which have been
caused by negligence on the part of the guards the railroad tracks themselves.
The purpose of this study is to analyze the protection of railways in terms of
positive law in Indonesia.
METHOD
The research method used
in this research is comparative descriptive. The comparative descriptive research method is a method
that conceptualizes law as norms, rules, and principles (Muhammad Syahrum, 2022). In addition, an approach is taken to the existing
railway law materials in Indonesia.
This research was conducted with descriptive analysis and
descriptive analysis by describing facts in the form of data and legal
materials in the form of primary legal materials, secondary legal materials,
and tertiary legal materials (Amalia, 2022). Primary legal materials are regulations that are in applicable
laws and regulations. Secondary legal materials are legal materials that come
from a library, printed textbooks, papers, or scientific journals obtained
through online or offline libraries and come from tertiary legal materials.
These legal dictionaries are related to the law on railroad crossings in
Indonesia.
Data
collection techniques are carried out by examining data obtained from existing
research in the field, from legislation, from the results of the previous study,
in the form of research journals, previous research articles, as well as search
results on several internet sites that have a relationship with the subject
being discussed. Those who discuss the law of crossing a plot of railways in
Indonesia are taken. The data obtained were analyzed qualitatively; namely, the
data obtained, and then the data was arranged systematically, and then it could
be analyzed qualitatively to get conclusions that contained objective truth (Mamik, 2014).
RESULTS AND DISCUSSION
In Law Number 23 of
2007, there is a discussion regarding the Railway, which has been stated in
Article 124, which reads, "At the intersection of a plot between the
railway line and the road, road users are obliged to prioritize train
travel." So it can be concluded that road users must prioritize the train
to pass. Based on the facts, there are still crossing gate guards who do not
immediately close the crossing gate when the train passes the railroad
crossing, resulting in a train accident at the railroad crossing
(Hidayat, 2020).
It is stated in Law
Number 22 of 2009 concerning Road Traffic and Transportation, which is expressed
in Article 114, which reads, "At level crossings between railway and road
lines, vehicle drivers must: (Labatjo, 2019)
Stop when the signal has sounded, the railroad latch has
begun to close, and or other signs;
Prioritize the train;
It gives primary rights to the vehicle that crosses the
rail first.
Rail gate. Based on
this, the provisions contained in Article 124 of Law Number 23 of 2007 and
Article 114 of Law Number 22 of 2009, which discuss Road Traffic and
Transportation, read that vehicle user should prioritize trains to pass through.
However, in several accidents at railroad gates, many were caused by
the negligence of the railroad gatekeepers. The crossing
gate guards are often late when they close the gate bars, which can cause
accidents between trains and motorized vehicles that pass through the railroad
crossing gates.
Rail transportation
has advantages compared to other means of transportation, but in terms of benefits
owned by PT. Kereta Api Indonesia is known that until now, there are still some
cases of accidents involving rail transportation in a traffic accident with
other road users that occurred at a railroad crossing. Even today, there are
still many cases of traffic accidents that occur between trains and motorists
who occur at railroad crossings. KAI Operational Region 6 Yogyakarta expressed that
traffic accidents between trains and drivers at railroad crossings are known to
have been caused by human factors (people) due to mistakes, either from
negligent drivers or railroad crossing officers. The fire is also derelict.
Based on the statement that the Legal Manager has said about PT.
Based on the investigation data of railway accidents in
Indonesia, in 2011, there was one accident; in 2012, there were three
accidents; in 2013, there were two accidents; in 2014, there were six
accidents; and in 2015, there had been seven accidents, even in In 2016, there
were still six accidents. Then there is another opinion: according to the Legal
Manager of PT KAI Drop Yogyakarta, the data on accident cases in the Yogyakarta
operational area have recorded 24 accidents at railroad crossings.
(Yuliana et al., 2015).
With the high number of accidents on rail transportation
in Indonesia, it is known that this is a problem that PT has not fully
resolved. Indonesian Railways. Based on this, the
public is stated to have not been able to understand the regulations that
discuss railroad crossings listed in Law Number 23 of 2007, which discusses
railways, In Law Number 22 of 2009, which discusses Road Traffic and Transportation.
, It is stated that Government Regulation Number 56 of 2009 discusses the
Implementation of Railways and discusses Government Regulation Number 72 of
2009 concerning Railway Traffic and Transportation (Judge, 2020).
Based on the results of the analysis of cases that
occurred at railroad crossings, it was found that some regulations or laws
exist in Indonesia, including: Article 124 of Law Number 23 of 2007 concerning Railways
203 reads: "At the intersection of a plot between
the railway line and the road, road users are obliged to prioritize rail
travel." Article 78 of Government Regulation 56 of 2009 concerning
the Operation of Railways reads: "To protect the safety and smooth
operation of trains at the intersection of plots, road users are obliged to
prioritize train travel." Article 110 paragraph (1) Government Regulation Number 72
of 2009 concerning Railway Traffic and Transportation reads: (1) At the
intersection of a plot between a railway line and a road, from now on referred
to as the intersection of a field used for general traffic or unusual traffic,
road users must prioritize rail travel.
Article
114 of Law Number 22 of 2009 concerning Road Traffic and Transportation reads:
"At level crossings between railway and road lines, vehicle drivers are
obliged to:
a. Stop when the signal has sounded, the railroad latch has
begun to close, and or other signs;
b. Prioritize the train; and c. It gives primary rights to
the vehicle that crosses the rail first.
In addition to several articles that have been mentioned,
there are also articles contained in Law Number 23 of 2007, in Article 181
paragraph (1) of Law Number 23 of 2007, which discusses Railways that have
prohibitions for motorists or road users. Who breaks through the doorstop? The
article reads: "Everyone is prohibited from a. being in the benefit room
of the railway line; b. dragging, moving, placing, or moving goods on rails or
across railroad tracks; or c. using the railway line for purposes other than
rail transportation.
The Indonesian Railways, namely Drop Yogyakarta, has
given an appeal to the community to be able to understand the existence of an
order and the existence of regulations regarding the signs that exist in
railroad crossings, when there is a siren sound and when the door at the
railroad crossing has been closed. Based on the opinion expressed by the Legal
Manager of PT. If closed, then do not try to break through the door that has
been completed. Based on this, vehicle users or pedestrians must be able to
increase their vigilance, be careful, and obey the signs found at railroad
crossings so that road users can cross railroad crossings safely.
CONCLUSION
The
law of crossing a railroad plot according to positive law in Indonesia has had
a position as a reference for travelling a railroad plot as has been written
based on: Article 124 of Law Number 23 of 2007, Article 78 of Government
Regulation Number 56 of 2009, Article 110 paragraph (1) of Government
Regulation Number 72 of 2009 & Article 114 of Law Number 22 of 2009.
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