PERTANGGUNGJAWABAN PIDANA TERHADAP PENGENDARA YANG MENGAKIBATKAN KEMATIAN PADA KECELAKAAN LALU LINTAS

Abstract

The development of Indonesia's transportation system is a community need. Given the rather dominant role played by land transport, it is imperative that land transport ensure that traffic is safe, orderly and smooth in order to ensure a smooth flow of various activities in the realization of the public interest. And how to be efficient. Traffic accident frequency. Many of the causes of traffic accidents are caused by negligence and human error, and these traffic accidents have resulted in many losses, such as damage to public facilities and casualties. The research methods used by the authors are prescriptive laws that research library materials or secondary data. The approaches used by the authors are the legal approach and the case approach. A legal approach is taken by directly examining the laws and regulations relevant to the legal issue under investigation. Approaching the case, the author analyzes Court Decision No.665/Pid.B/PN.JKT.PST. Article 311 of the Road Traffic Transport Law No.22 of 2009 precluded the application of Articles 338 and 359 of the Penal Code by the existence of regulations on traffic accident norms and criminal penalties as a special case for traffic accidents. General Criminal Provisions. It is known as a special law that deviates from the general law.