ANALISIS PERTANGGUNGJAWABAN PIDANA TERHADAP KECELAKAAN LALU LINTAS YANG MENGAKIBATKAN MENINGGAL DUNIA BERDASARKAN UNDANG-UNDANG NOMOR 22 TAHUN 2009 TENTANG LALU LINTAS DAN ANGKUTAN JALAN

Abstract

ABSTRACT ANALYSIS OF CRIMINAL LIABILITY FOR TRAFFIC ACCIDENTS RESULTING IN DEATH BASED ON LAW NUMBER 22 OF 2009 CONCERNING ROAD TRAFFIC AND TRANSPORTATION DEVI BUDI RADIANSYAH NIM. 82338240004 Traffic accidents resulting in death are a serious problem in the legal system and social life in Indonesia. The high number of traffic accidents each year indicates that this issue is not only related to the technical aspects of transportation but also concerns the legal aspects, particularly criminal liability. Law Number 22 of 2009 concerning Road Traffic and Transportation specifically regulates criminal liability for perpetrators of traffic accidents, especially those caused by negligence. However, in law enforcement practice, various problems remain, such as difficulties in proving negligence, differing interpretations of the law by law enforcement officials, and the influence of social factors that influence the case resolution process. The research method used in this study is a normative juridical legal research method with analytical descriptive research specifications. This study utilizes several legal research approaches, namely the statute approach, the case approach, and the conceptual approach. The results indicate that the regulation of criminal liability in Law Number 22 of 2009 provides a clear legal basis, emphasizing the element of fault in the form of negligence. However, in practice, there are still gaps between legal norms and their application, as evidenced by differences in proving negligence, variations in the imposition of criminal sanctions, and the influence of amicable settlements. Furthermore, legal factors such as unclear standards for negligence and sociological factors such as the legal culture of the community also influence the effectiveness of criminal liability. Therefore, efforts to reform and strengthen law enforcement are needed through regulatory refinements, increased professionalism of law enforcement officers, the use of technology in evidence collection, and increased public legal awareness. Criminal liability for traffic accidents resulting in death must be applied consistently and proportionally, with attention to the balance between legal certainty, justice, and expediency, in order to achieve optimal legal protection for the public. Keywords: Criminal Liability, Traffic Accidents, Negligence, Law Enforcement, Traffic Law;