Penjatuhan Sanksi Terhadap Anak Pada Tindak Pidana Kelalaian Yang Menyebabkan Kecelakaan Lalu Lintas Yang Mengakibatkan Kematian

Abstract

Traffic accidents are rampant in the community and can result in material loss or death. The perpetrators of traffic accidents can occur in adults as well as children. Children as perpetrators of traffic accidents, based on the provisions of the Law on the Child Criminal Justice System, can be held criminally responsible for their actions. The imposition of sanctions on children must also consider the future of children. This thesis analyzes 2 decisions of the District Court judges related to the case of a traffic accident that resulted in the death of a child as the defendant. The problems raised in this thesis are how to regulate the criminal act of negligence that causes a traffic accident that results in death, how are the provisions for sanctions against children that conflict with the law according to the criminal law of children in Indonesia, and how are the judges' considerations regarding the imposition of sanctions on children in the crime of negligence that causes a traffic accident that results in death in the decision of the District Court Number 8/Pid.Sus-Anak/2023/PN Msb and District Court Decision Number 20/Pid.Sus-Anak/2023/PN Clp. This thesis is a normative legal research and a legislative approach as well as a case approach. The data collected is secondary data with literature study data collection techniques. The results of the research obtained show that traffic accidents caused by negligence that resulted in the death of another person are regulated in Article 310 Paragraph (4) of Law Number 22 of 2009, the Law on the Juvenile Criminal Justice System has regulated criminal sanctions and actions that can be imposed on children. From the 2 District Court decisions analyzed, it was found that the judge's consideration was not appropriate, because the judge should have been able to find an alternative punishment that did not place the child in the LPKA.