Pamiarsa, Favel Arief (2025) Pertanggungjawaban Perdata Terhadap Korban Kecelakaan Lalu Lintas (Studi Pada Pengadilan Negeri Kota Pekanbaru). Other thesis, Universitas Islam Riau.

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Abstract

Traffic accidents occur due to the negligence of drivers of both two-wheeled and four-wheeled vehicles. Several factors that cause traffic accidents include drowsiness while driving, carelessness, pressure from others, the influence of drugs, and others. Civil liability can be filed by victims of traffic accidents in court. This study aims to determine civil liability for victims of traffic accidents in the Pekanbaru District Court and the obstacles faced by law enforcement officials in enforcing civil liability for victims in the Pekanbaru District Court. Civil liability in traffic accident cases at the Pekanbaru District Court is filed by traffic accident victims who feel aggrieved by the accident. Civil proceedings can only be filed if the criminal proceedings have been completed or decided by the court. In civil proceedings, the plaintiff must be able to prove the losses suffered before the court. Many lawsuits are rejected by the panel of judges simply because the plaintiff does not clearly detail the damages. The obstacles faced by judges in handling traffic accident cases are as follows: In filing lawsuits, the parties, especially the plaintiffs, lack knowledge about the compensation that can be awarded by the panel of judges. Most Plaintiffs only explain their losses in general terms, without providing detailed information on the compensation accompanied by real evidence. In civil lawsuits, many lawsuits are not accepted by the panel of judges not because the lawsuit is unclear, the compensation is not detailed, or the legal basis is unclear. However, it is because the Plaintiff did not first report the perpetrator of the traffic accident to the criminal authorities. The Plaintiff immediately filed a civil lawsuit without first resolving the criminal case, and at least some of the civil cases from traffic accident cases that go to court are due to the fact that many people do not know that traffic accidents can be held liable in civil court. Few traffic accident cases are brought to court for civil liability by accident victims due to the implementation of Restorative Justice at the police stage.

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