Penerapan Sanksi Pidana terhadap Pelaku Tindak Pidana Kecelakaan Lalu Lintas yang Mengakibatkan Kematian

Abstract

The phenomenon of criminal cases of traffic accidents that occur in society raises concerns, especially if the traffic accident causes victims that result in death. Criminal acts of traffic accidents occur due to driver errors such as negligence (culpa) or intent (dolus/opzet). With this form of error, the perpetrator can be subject to criminal sanctions in accordance with the provisions of the Law. Based on the background description, the problems studied are: How is the criminal law regulation for perpetrators of criminal acts of traffic accidents resulting in death, What are the forms of errors and punishments for perpetrators of criminal acts of traffic accidents resulting in death, How is the analysis of the judge's considerations in applying criminal sanctions to perpetrators of criminal acts of traffic accidents in Decision Number 42/Pid.Sus/2023/PN Trt, Decision Number 51/Pid.Sus/2023/PN Kgn. This study uses normative legal research, namely research that examines the principles or principles of law. The approach in this study is the statutory approach and the case approach. The statutory approach is carried out by examining related laws and regulations. The data analysis method used is qualitative data analysis, as a result of data collection through primary, secondary and tertiary data. The conclusion of the study shows that the criminal law provisions for traffic accidents resulting in death due to negligence are regulated in Article 310 paragraph (4) of Law Number 22 of 2009 concerning Traffic and Road Transportation. However, in sentencing the perpetrator, the Judge in his considerations can confirm the obligations and responsibilities of the perpetrator (peace or compensation) towards the victim or his family in accordance with the provisions of Articles 234, 235, 236 of Law Number 22 of 2009.