Irene F. Sitohang

 The four people in a car that crashed into a group of pedestrians, killing nine, will each face several drug charges that could land them in jail for up to 12 years, police said on Tuesday.

But the absence of a specific offense for driving under the influence of drugs or alcohol means the prospect of more severe charges against the driver involved in the weekend’s carnage in Central Jakarta is limited.

“The four suspects will face layered charges,” said Sr. Comr. Nugroho Aji, the Jakarta Police’s narcotics chief.

He added that the charges being prepared would carry jail sentences between four and 12 years. He explained that the driver of the car and her three passengers would be charged with violating the 2009 Narcotics Law, as they are suspected of having been in the possession of drugs, having used drugs and having consumed drugs together with others.

The officer said that the four had admitted to taking ecstasy pills and drinking alcohol at a disco in the Hayam Wuruk area of West Jakarta and at a cafe in Kemang, South Jakarta. They said they were new to the drug scene.

“Their urine tested positive for methamphetamine. Based on that, we declared them drug suspects,” Nugroho said.

The four, identified as driver Afriani Susanti, 29, and passengers Adistira Putri Grani, 26; Deny Mulyana, 30; and Arisendi, 34, were in a Daihatsu Xenia that swerved off the road at Tugu Tani on Sunday morning, smashing into a group of people.

National Police spokesman Insp. Gen. Saud Usman Nasution said that the car was found to have been traveling at no less than 90 kilometers per hour at the time of the accident. Air pressure in the car’s front tires also was not optimal, adding to its instability at high speed, Saud said.

Nugroho said the four told police that they had “only” used drugs twice. He said police would check the various sites and clubs mentioned by the suspects.

Sr. Comr. Dwi Sigit Nurmantyas, the head of the Jakarta Police’s traffic department, said that the driver of the Xenia would also face multiple charges based on the Traffic Law and the Criminal Code. “The heaviest is the violation of Article 310, which carries up to six years in jail,” Dwi said, referring to the article on reckless driving that causes serious injury or the loss of life.

He also said that Afriani did not have a valid driver’s licence and car registration.

Yesmil Anwar, a legal expert from Padjadjaran University, said Indonesia did not apply cumulative sentences if suspects were found guilty of multiple charges.

“The suspect is facing two charges, reckless driving and the use of narcotics, and in cases like this, the judges will of course pick [the charge carrying] the heaviest sentence,” Yesmil said.

The expert added that the case pointed to a need to review the law, including drafting a specific article dealing with driving under the influence of drugs or alcohol.

Edy Suandi Hamid, another legal expert and rector of the Indonesian Islamic University in Yogyakarta, said that the four, especially the driver, should be punished severely.

“It should not be allowed to happen that this Xenia case leads to similar punishment as in other cases that do not nearly involve so many violations and so much suffering,” he said.

Additional reporting by Carla Isati Octama & Mary A.R. Sembiring 
From :http://www.thejakartaglobe.com