TINDAK PIDANA KASUS KECELAKAAN LALU LINTAS YANG MENYEBABKAN ORANG LAIN MENINGGAL DUNIA

(Studi Putusan Nomor 81/ Pid.Sus/2018/PNSlt)

Abstract

The main problem in this paper is how the formal legal considerations in
making decisions on traffic crimes that result in the death of another person and
how material legal considerations by judges in traffic crimes result in the death of
another person.
The type of research used is qualitative research with the research
approach used is normative and sociological. The data source of this research is
the Salatiga District Court. The data collection methods used were observation,
interviews, documentation, and reference tracing.
The results of the study show that the application of material law in this
case is in accordance with the applicable criminal law in Indonesia. It can be
shown that the panel of judges in deciding the defendant's actions have fulfilled
the elements of the crime of traffic negligence in accordance with Article 310
paragraph (4) of Law No. 22 of 2009 concerning Road Traffic and Transportation
based on the material truth obtained from the defendant's letter, witness
statements, facts, and evidence revealed in the trial process. The decision-making
carried out by the panel of judges according to the author is in accordance with
formal law, namely based on at least two valid pieces of evidence, namely witness
statements, evidence, visum et repertum and statements of the defendant
Keywords: accident, formal law, material law.