SNI Helmets – This is the Legal Basis for Mandatory Wearing of SNI Helmets for Motorcycles

The use of helmets for motorcyclists and their passengers is mandatory. However, not just any helmet is used. With the issuance of mandatory regulations Standar Indonesian National ( SNI) then the helmet used must have used sudah certification SNI issued by the National Certification Agency alias BSN. While the rules themselves, issued by the Ministry of Industry through Ministerial Regulation No.40/M-IND/PER/4/200 concerning Compulsory Enforcement of the Indonesian National Standard (SNI) for Helmets for Two-Wheeled Motorized Vehicles which took effect from 1 April 2010.
The obligations in the Ministerial Regulation are clearly written in Article 2, which reads:
- Compulsory enforcement of the Indonesian National Standard (SNI) or its revision of the Helmet for Two-Wheeled Motorized Vehicles SNI 1811-2007 with heading HS 6506.10.10.00.
- The mandatory application of SNI for Helmets for Riders of Two-Wheel Motorized Vehicles as referred to in paragraph (1) shall also apply to helmets used by drivers of motorized vehicles with four or more wheels which are not equipped with (open) houses. Even companies and importers that produce helmets and sell them in Indonesia must also meet the SNI requirements that have been listed. This means, if there is no SNI label, the company will also be subject to sanctions
The regulation is also strengthened by Law No. 22 of 2009 concerning Traffic and Highways. In article 106 paragraph (8) it is stated; "Everyone who drives a motorcycle and a motorcycle passenger is required to wear a helmet that meets Indonesian national standards." Meanwhile, regarding violations, or sanctions for those who do not wear SNI helmets, the provisions are explained in Article 291 paragraphs (1) and (2), namely;
(1) Everyone who drives a motorcycle not wearing a helmet with the Indonesian national standard as referred to in Article 106 paragraph (8) shall be punished with imprisonment for a maximum of 1 (one) month or a fine of a maximum of Rp. 250.000,00 (two hundred and fifty thousand rupiahs). ).
(2) Any person who drives a motorcycle and leaves his passenger not wearing a helmet as referred to in Article 106 paragraph (8) shall be subject to a maximum imprisonment of 1 (one) month or a maximum fine of Rp. 250.000,00 (two hundred and fifty thousand rupiahs). ).
This article has been published on Kompas.com with the title "This is the Legal Basis for Mandatory Wearing of SNI Helmets for Motorists", https://otomotif.kompas.com/read/2020/02/10/111126315/ini-dasar-law-obligatory- use-helmet-sni-make-motor#comment_widget.
Author : Stanley Ravel
Editor: Aditya Maulana