Penyelidikan dan Penyidikan Kasus Pelanggaran Lalu Lintas yang Menyebabkan Kematian: Studi Kasus di Satlantas Polresta Deli Serdang

Abstract

It is important to carry out this research to find out the legal basis regarding procedures for handling investigations and investigations of traffic violation cases; the obstacles faced by the Deli Serdang Police Traffic Unit and the efforts that have been made to investigate cases of traffic violations that caused death. Problems in this study: 1) Arrangement of investigation and investigation of traffic violation cases according to applicable legal provisions; 2) Obstacles faced by the Deli Serdang Satlantas Polresta in investigating and investigating cases of traffic violations that caused the death of motorists, and 3) The efforts of the Deli Serdang Police Traffic Unit in overcoming obstacles to investigation and investigation of traffic violations cases that caused the death of motorists. This research method, the type is normative legal research, is descriptive. The approach uses a statutory approach. Data sourced from secondary data is supported by empirical data, to strengthen legal arguments. Data collection techniques are literature studies and field studies with data collection tools in the form of document studies and interviews as well as field observations. Data analysis using qualitative. The results of the study show that: 1) In fact, the investigation arrangements for criminal cases of traffic violations are the same as for other general crimes, namely: Law no. 8 of 1981 concerning the Criminal Procedure Code (KUHAP) as the legal basis for investigations & fingerprints, prosecutions, and trials, up to the sentencing of perpetrators of criminal acts as a form of regulating the Criminal Justice System (SPP); Law No. 22 of 2009 concerning Road Traffic and Transportation as a reference/legal basis for investigators to apply criminal sanctions; Regulation of the National Police Chief No. 06 of 2019 concerning Criminal Investigation as a guide for investigators in filing cases up to the stage of delegating the case files and suspects; and Regulation of the National Police Chief No. 15 of 2013 concerning Procedures for Handling Traffic Accidents as a supporting regulation in carrying out investigations and investigations; 2) Obstacles of the Deli Serdang Police Traffic Unit in investigating and investigating cases of traffic violations that caused death in terms of the legal system, consisting of: obstacles to legal substance; barriers to legal structures; and legal cultural barriers 3) The efforts of the Deli Serdang Police Traffic Unit in overcoming obstacles to investigation and investigation of traffic violations cases that caused death were also reviewed from the legal system, as follows: legal substance efforts; legal structure efforts; and legal culture efforts. It is recommended to 1) It is recommended that the Deli Serdang Traffic Police Unit through the Deli Serdang Police Chief provide input to the Deli Serdang Regency Government so that it can be proposed to the Deli Serdang Regency DPRD to make a Draft Regional Regulation by including the Police to provide input on which roads should be repaired because they often occur accident causing death; 2) It is better for Motorized Vehicle Drivers to always prioritize safety in driving on traffic roads that do not have road dividers. In the case of wanting to overtake the vehicle in front, it is better to take into account the speed, space, and time of the motorized vehicle being driven to avoid traffic accidents; and 3) the public should provide witness statements directly in the field where the crime scene (TKP) is carried out to the Satlantas Officer who is on duty because to maintain the integrity of the information obtained from witnessing a traffic accident in its entirety.