Penegakan Hukum Terhadap Kecelakaan Lalu Lintas Yang Mengakibatkan Korban Meninggal Dunia (Studi Kasus Putusan Pengadilan Negeri Pelalawan)

Muhartono, Muhartono (2018) Penegakan Hukum Terhadap Kecelakaan Lalu Lintas Yang Mengakibatkan Korban Meninggal Dunia (Studi Kasus Putusan Pengadilan Negeri Pelalawan). Other thesis, Universitas Islam Riau.

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Abstract

Criminal law enforcement against negligence of accidental driver can be done by applying the provisions of Article 359 of the Penal Code if the result of negligence of the driver resulted in the death of another person, while as a negligence in Article 360 of the Criminal Code when the driver's negligence does not result in death. Whereas in other criminal provisions contained in Law Number 22 of 2009 concerning traffic and road transport, regarding the handling of traffic accidents for drivers' negligence whether resulting in deaths or injuries is only stipulated in Article 310. The formulation of the problem studied in this study is How Law Enforcement Against Traffic Accidents That Cause the Death Victims In The Case of State Court Judgment of Pelalawan? How Is The Constraint In Law Enforcement Against Traffic Accidents That Leads To Death In The Case Of The Judgment Of The Pelalawan District Court? Judging by its kind this research belongs to the observational research (survey) or empirical research group, whereas seen from its nature is analytical descriptive, meanwhile data collecting tool used is interview (interview). The author in analyzing the data based on primary and secondary data and then drawn conclusions through a deductive way that is from things - things that are general to specific. From the results of the research is known Law Enforcement Against Traffic Accidents That Cause Victim Died In the Legal Territory of Pelalawan State Court is that law enforcement on the perpetrators of traffic crimes still not effective done, this is evident from the existence of 2 (two) cases of the author who carefully, That the perpetrator was only sentenced to only a few months in prison, while the consequences of the deed made a death to the victim. Meanwhile, according to legal theory, it is applicable that one's mistake is seen from the actual incident factor, what factors caused the traffic accident and how it happened and the Constraints in Law Enforcement Against Traffic Accidents That Cause the Death Victims in the Pelalawan District Court is visible from 2 aspects: the first aspect of the society, that there are still many people who are knowledgeable about the law of traffic, the lack of awareness of the community to comply with the prevailing rules, in the process of investigating the number of people who do not want to be witnesses, the small number of police personnel, And traffic traffics. While the second aspect is in the process of law enforcement, the Court as an institute institution is less in prosecuting traffic matters more on the settlement effort in kinship, or compensation given to the victim, and if the compensation has been given then not infrequently the sentence imposed by the Panel of Judges Also relatively light.

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