KEBIJAKAN PENEGAKAN HUKUM PIDANA TERHADAP PELANGGARAN PASAL 310 AYAT 1 UU NO. 22 TAHUN 2009 TENTANG LALU-LINTAS DAN ANGKUTAN JALAN DI WILAYAH HUKUM POLRES SRAGEN

Abstract

The purpose of this study: First, reviewing criminal law policies contained in No.22 of 2009 concerning Road Traffic and Transportation. Second, reviewing the enforcement of criminal law against violations of Article 310 paragraph (1) No.22 of 2009 concerning Special Road Traffic and Transportation at Sragen Police Station. Research background that Law No. 22 of 2009 concerning Road Traffic and Transportation in which it contains criminal provisions intended for the purpose of the promulgation of the Law to be achieved. Criminal law policy in Law No. 22 of 2009 concerning Road Traffic and Transportation will be analyzed in terms of the subject of criminal acts, prohibited acts and policies regarding sanctions. The research method consists of the type of research is normative juridical. The nature of the research is descriptive. The research materials included Law No. 8 of 1981 concerning Criminal Procedure Law, Law No. 22 of 2009 concerning Road Traffic and Transportation, Traffic Accident Case Documents at Sragen Police Station, Indonesian Law Dictionary, Indonesian Dictionary. Data is collected through library studies and documents. The data analysis method used is a qualitative method of analysis. Research Results on Criminal Law Policy at the stage of formulation in Law No. 22 of 2009 concerning Road Traffic and Transportation, the results of the study are as follows: First, the formulation policy on the subject of criminal acts is formulated with the words, "every road operator", "every person", "every road user", "Transport Company General". Second, criminal law policies regarding "prohibited acts" are formulated in a variety of ways and divided into qualifications of violations or crimes. Third, criminal law policy regarding sanctions is alternative namely prison or fine, confinement or fine. There are also those which formulate cumulative alternative sanctions in the form of "imprisonment and or fines, imprisonment and or fines". The results of the study on applicative policies or criminal law enforcement policies obtained the following results: The handling of traffic accident cases by Sragen Police has been carried out according to the provisions of Law No. 22 of 2009 concerning Road Traffic and Transportation and Law No. 8 of 1981 concerning Criminal Procedure Law, Law concerning the National Police of the Republic of Indonesia. The three laws are used as the legal basis for enforcing the law against violations of Article 310 paragraph (1) of Law No. 22 of 2009 concerning Road Traffic and Transportation. The act of enforcing criminal law has been carried out in accordance with applicable regulations. The handling of alleged traffic accident cases has proven elements of Article 310 paragraph (1) Road Traffic and Transportation Law. The elements of the Article are: "everyone", "driving a motorized vehicle", "due to negligence", "causing a traffic accident", with damage to the vehicle and / or goods. Keywords: Criminal Law Policy, Law No. 22 of 2009 concerning Road Traffic and Transportation.