Pertanggung jawaban Pidana Atas Kelalaian Lalu Lintas Yang Menyebabkan Hilangnya Nyawa Orang Lain (Study Kasus Perkara Nomor 198/Pid.Sus/2021/PN PBR)

Diandra, Hoppy Okta (2022) Pertanggung jawaban Pidana Atas Kelalaian Lalu Lintas Yang Menyebabkan Hilangnya Nyawa Orang Lain (Study Kasus Perkara Nomor 198/Pid.Sus/2021/PN PBR). Other thesis, Universitas Islam Riau.

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Abstract

ABSTRACT Along with the times, there are also various kinds of transportation that serve to meet the needs. In carrying out various kinds of affairs, traffic is the right means which has an important role to carry out all human affairs. In Indonesia, what is striking at this time in traffic is the low orderliness of traffic. Judging from the traffic rules, there are many mistakes of four-wheeled riders that can be found. For example, he does not give a signal to turn, then does not go to the left when driving his vehicle and when at a crossroads does not give a chance to drivers coming from the left even driving their vehicle past the maximum speed limit. Based on the indicators above, the authors formulate the problem in this study, namely how is criminal responsibility for traffic negligence that causes the loss of other people's lives (in case Number 198/PID.SUS/2021/PN PBR) and how is the judge's consideration in deciding cases of traffic negligence which caused the loss of another person's life (in case Number 198/PID.SUS/2021/PN PBR). The research method that the author uses is observational research, namely research using a survey system by means of interviews and direct observations in the field. The nature of this research is descriptive, namely describing criminal liability for traffic negligence that causes the loss of other people‟s lives (in case Number 198/PID.SUS/2021/PN PBR) and the judge's consideration in deciding cases of traffic negligence which caused the loss of another person's life (in case Number 198/PID.SUS/2021/PN PBR). The results of this study indicate that criminal liability is the responsibility of people for the crimes they commit. The occurrence of criminal liability because someone has committed a crime. Criminal liability is essentially a mechanism built by criminal law to react to violations of an agreement to refuse a certain act. Basically the application of criminal law by the Pekanbaru District Court Judge in the decision Number 198/Pid.Sus/2020/PN PBR regarding traffic negligence that causes the loss of other people's lives is Article 310 paragraph 4 of Law Number 22 of 2009 concerning Traffic and Transportation. The path is right. The defendant has also been proven legally and convincingly guilty of committing a crime of traffic negligence which caused the loss of another person's life based on the facts revealed in the trial.

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