Disparitas Penegakan Hukum Pidana Terhadap Pelaku Kecelakaan Lalu Lintas yang Berakibatkan Hilangnya Nyawa Korban (Studi kasus Putusan No.181/Pid.Sus/2020/PN.JAP, Putusan No.22/Pid.Sus/2021/PN.Pli Dan Putusan No.3/Pid.Sus/2022/PN.Psw)

Abstract

Traffic accidents resulting in the loss of life have become a serious problem in law enforcement in Indonesia. This can be seen from the significant disparity or difference in decisions in handling similar cases, such as those that occurred in three court decisions, namely Decision No. 181 / Pid.Sus / 2020 / PN.JAP which sentenced him to 1 year and 6 months in prison, Decision No. 22 / Pid.Sus / 2021 / PN.Pli with a sentence of 5 months in prison, and Decision No. 3 / Pid.Sus / 2022 / PN.Psw with a sentence of 4 months in prison. The formulation of the problem in this thesis is how are the criminal sanctions against perpetrators of traffic accidents that result in the loss of victims' lives, how is the disparity in imposing criminal sanctions against perpetrators of traffic accidents that result in the loss of victims' lives from a justice perspective, and how are the judges' considerations in making decisions in case Number 181 / Pid.Sus / 2020 / PN.JAP, Decision No.22 / Pid.Sus / 2021 / PN.Pli and Decision No.3 / Pid.Sus / 2022 / PN.Psw related to traffic accidents that result in the loss of victims' lives. The method used in writing this thesis is the normative legal research method, namely a method that refers to legal norms carried out by means of literature studies in order to obtain secondary data in the form of primary, secondary, and tertiary legal materials related to the problems studied, this research has a descriptive nature, and the data is analyzed qualitatively. Based on the research conducted, it can be concluded that the handling of traffic accident cases resulting in the loss of life of the victim in the Indonesian legal system is regulated through the LLAJ Law by differentiating sanctions based on the element of error - negligence (Article 310) or intent (Article 311). Although the law has provided a clear maximum penalty limit, in practice there is a significant disparity in decisions, as seen in the three court decisions studied where the sentences varied from 4 months to 1.5 years in prison for similar cases. This disparity arises because judges not only consider legal aspects (such as evidence and testimony), but also non-legal aspects (such as peace with the victim's family and the good faith of the defendant), which reflects efforts to achieve a balance between legal certainty and justice in each case.