Did you know that you can be jailed for three months or fined IDR750K (US$55) if you’re caught listening to music while driving your car? Well, neither did anyone else — until yesterday.
That’s when AKBP Budiyanto, head of the Law Enforcement Division at the Jakarta Metro Police’s Traffic Directorate, told Kompas that traffic cops in the city are going to start cracking down on specific groups of lawbreaking car drivers who have largely been ignored by law enforcement in the past.
“Smoking, listening to the radio or music or watching TV are violations of Article 106 verse 1 in conjunction with Article 283 in Law no. 22/2009 on Traffic,” Budiyanto told Kompas.
“It’s OK to listen to music, but only when the vehicle is stationary or [when the driver is] resting.”
Article 106 verse 1 states that all motorists must drive responsibly and “with absolute concentration,” while Article 283 states that those who fail to do so can be jailed for up to 3 months or fined IDR750K.
But this is the first time any member of law enforcement has publicly suggested that listening to the radio/music qualifies as a violation of the aforementioned articles. So why have they suddenly decided that they do?
According to Budiyanto, what drove the traffic police to enforce it was a recent survey they conducted (the full details of which were never released to the public).
“According to the survey that we did, smoking, listening to music, and other activities are included as irresponsible driving as they impair concentration, which could lead to accidents,” he said.
Far be it for anyone to question a high-ranking cop, but we’re not sure if Budiyanto is correct in his interpretation of the law. By his logic, any and all external factors for drivers could theoretically compromise driving concentration and should therefore be illegal. What about having a conversation with passengers while driving?
We’re not the only ones confused by Budiyanto’s statement, as traffic law experts from around the country have voiced their disagreement, saying his interpretation is simply wrong. David Tobing, lawyer and chairman of the Indonesian Consumer Community, is calling on Budiyanto to clarify his statement, pointing out that not only is listening to music not mentioned anywhere in the legislation, but that Budiyanto failed to mention numerous activities that are, including using a mobile phone, fatigue, sickness, and driving under the influence of alcohol and narcotics.
“A survey can’t be the grounds for one to reach the conclusion (that listening to music impairs drivers’ concentration), especially as it’s not even clear what the survey actually is,” David told Tempo today.
Jusri Pulubuh, training director at Jakarta Defensive Driving Consulting (JDCC), said that if listening to music while driving is illegal, then car producers in Indonesia should have been prohibited from installing radios and music players in cars in the first place.
“The law is practically the same as in other countries, but we must read further into what is meant by ‘impairs concentration.’ I’m worried about [Budiyanto’s] interpretation. What I mean is, listening to music [while driving] is fine, as long as the driver doesn’t lose concentration,” Jusri told Kompas yesterday.
Budiyanto has not yet clarified his statements, and one hopes he will soon in order to clear up any confusion.
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