PERTANGGUNGJAWABAN HUKUM TERDAKWA TINDAK PIDANA KECELAKAAN LALU LINTAS YANG MENGAKIBATKAN KEMATIAN

Abstract

The large number of traffic accidents involving fatalities is a serious concern for the public and the government. Loose driving discipline and control, makes many drivers who lack discipline and are less careful in driving, so that they are vulnerable to become perpetrators and victims of traffic accidents. qualification of a criminal act with the fulfillment of the basic elements of a criminal act of negligence in a traffic accident that causes death and injury Article 310 paragraph (4) of the Republic of Indonesia Law No. 22 of 2009 concerning Road Traffic and Transportation, namely every person, driving a motorized vehicle because his negligence resulted in a traffic accident, resulting in the death of another person, was charged with guilt in accordance with legal facts, both witness testimony and the testimony of the defendant and the elements of a criminal act were fulfilled. The considerations in applying the criminal provisions to the perpetrators in this case are appropriate and commensurate with the actions of the defendant because the defendant is considered capable of taking responsibility for his actions and is aware of the consequences, there are elements of against the law and there is no reason for the abolition of the crime. The theory that will be used in writing this thesis is Criminal Liability Theory. In English, criminal liability is also known as responsibility, or criminal liability. The concept of criminal responsibility is actually not only a matter of law, but also about moral values or general decency adopted by a society or group in society. This is done so that criminal responsibility is achieved by fulfilling a sense of justice.