Pertanggungjawaban Pidana Terhadap Pelaku Atas Kealpaan Dalam Kecelakaan Lalu Lintas Yang Mengakibatkan Hilangnya Nyawa Orang Lain

Abstract

Traffic accidents are events that are difficult to predict, both in terms of time and place of occurrence. The resulting impact is not only in the form of injury or disability, but can also result in death. This study formulates two main problems, namely criminal liability for perpetrators of traffic accidents that cause the loss of life of others and the form of law enforcement carried out by the government for such negligence. This study uses a normative legal method with data collection techniques through literature studies, then analyzed qualitatively to obtain conclusions. The results of the study indicate that according to Article 310 paragraph (4) of Law Number 22 of 2009 concerning Traffic and Road Transportation, drivers who due to their negligence cause the death of another person can be held criminally responsible. Law enforcement is carried out by the Palembang City Police through accident handling steps, including visiting the scene of the incident, helping the victim, taking first action at the scene of the crime, processing the crime scene, regulating the smooth flow of traffic, securing evidence, and conducting investigations. If all elements of the article are met, the perpetrator can be subject to imprisonment of up to 6 years and/or a maximum fine of Rp12,000,000.00. This finding emphasizes the importance of consistent law enforcement to provide a deterrent effect and increase public awareness of driving.