The Responsibility of Traffic Criminal Actions that Caused Injury and Death

Rizky Widyo Pratomo

Abstract


The driver's carelessness in driving often results in victims, whether the victim suffers serious injury or death, not infrequently even the driver's life is claimed. Several traffic accidents that occurred could have been avoided if road users behaved in a disciplined, polite and respectful manner. That the use of the road is regulated in Act No. 22 of 2009 concerning Road Traffic and Transportation. Traffic violations are acts that are contrary to traffic and or implementing regulations, whether or not they can cause loss of life or property as well as security, order and smooth traffic (kamtibcarlantas). The method used by the author in compiling the journal uses the Normative juridical method with the research specifications used in this research is descriptive analysis type. The data collection technique carried out in this study used literature study, collecting data from the results of a review of literature and secondary data which included primary legal materials, secondary legal materials and tertiary legal materials. Data analysis techniques in this study were carried out by qualitative data analysis The results of this study are that the responsibility for traffic accident perpetrators is subject to articles 359 and 360 of the Criminal Code, but they can also be charged with Act No. 22 of 2009 concerning Road Traffic and Transportation article 310 which if they die can be criminally punished for a maximum of 6 (six) years imprisonment or a maximum fine of IDR 12,000,000.00 (twelve million rupiah). In addition to imprisonment, confinement, or fines, perpetrators of traffic crimes can be subject to additional punishment in the form of revocation of driving licenses or compensation for losses caused by traffic crimes. In the case of a traffic accident, the perpetrator is also charged with compensating the victim according to the rules of the Road Traffic and Transportation Act. There are several factors that lead to traffic accidents that cause death,

Keywords


Accountability; Criminal; Traffic.

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References


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DOI: http://dx.doi.org/10.30659/rlj.1.4.%25p

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