PENGATURAN BAGI PENGENDARA MOBIL PEMADAM KEBAKARAN DALAM KASUS KECELAKAAN LALU LINTAS PADA SITUASI DARURAT

Abstract

Fire truck drivers play a strategic role in emergency response, often required to make rapid decisions and override standard traffic norms to protect lives and property. This condition necessitates legal certainty that not only guarantees their right of way but also provides legal protection when accidents occur during the execution of official duties. This study aims to: (1) analyze the implementation of legal regulations governing fire truck drivers involved in traffic accidents during emergencies, and (2) examine the legal consequences that may arise for such drivers. The research uses a normative juridical method with statutory, conceptual, and case approaches. Primary legal materials include Law Number 22 of 2009 on Road Traffic and Transportation, Surabaya Regional Regulation Number 2 of 2023 on Fire Prevention, and Minister of Home Affairs Regulation Number 114 of 2018. The findings show that although fire trucks are recognized as priority vehicles under Articles 134 and 135 of the Road Traffic Law and are guided by internal SOPs, these SOPs are merely technical and operational in nature, lacking binding legal force. There is no explicit positive legal norm providing legal protection to fire truck drivers involved in accidents while on duty, exposing them to potential prosecution under Articles 359 and 360 of the Criminal Code. Moreover, no institutional legal aid mechanism exists within the fire department structure. The study concludes that it is urgent to reconstruct positive legal norms reflecting the lex specialis principle to ensure legal protection and uphold legal certainty within a fair legal system.