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All Journal Rechtsvinding Jurnal Ragam Pengabdian
Bachrul Amiq
Universitas Dr. Soetomo
Arts Humanities Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Restorative Justice Perkara Kecelakaan Lalu Lintas Dalam Upaya Menciptakan Keadilan Aris Rahmawan; Siti Marwiyah; Bachrul Amiq; Wahyu Prawesthi
Jurnal Ragam Pengabdian Vol. 3 No. 1 (Spesial Issue) (2026): "Dharma Samudera"
Publisher : Lembaga Teewan Journal Solutions

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62710/bc7z2059

Abstract

The Road Traffic and Transportation Law (UULAJ) states that traffic accidents as one of the criminal cases, the case must receive special attention by all parties, along with the increasing number of accidents so that there are more and more cases and make it difficult for law enforcement officials in handling and fulfilling the rights of victims. Related to this research, normative legal research focuses on the analysis of laws and regulations, court decisions, and legal principles; How is Restorative Justice applied by law enforcement in the settlement of traffic accident criminal cases and is Restorative Justice in handling traffic accident cases (KLL) in accordance with Restorative Justice according to positive Indonesian law? This study shows that restorative justice in traffic accident cases has great potential to create more humane justice and support the principle of fast, simple, and inexpensive justice.
Criminal Liability for Driver Negligence Resulting in Death in Road Traffic Accidents Andika Eka Putra Amisi; Nur Handayat; bachrul Amiq
Rechtsvinding Vol. 4 No. 1 (2026)
Publisher : Civiliza Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59525/rechtsvinding.1335

Abstract

Traffic accidents that result in the death of victims are still a serious problem in the Indonesian criminal law system. One of the dominant factors causing traffic accidents is the negligence of motor vehicle drivers in complying with traffic rules and the principle of caution on the highway. This study aims to analyze the legal arrangements and forms of criminal liability of motor vehicle drivers who, due to their negligence, cause traffic accidents and cause death. The research method used is normative legal research with a statutory approach and a conceptual approach. The legal materials analyzed include the Criminal Code, Law Number 22 of 2009 concerning Road Traffic and Transportation, as well as relevant court decisions. The results of the study show that the legal regulation regarding the criminal liability of negligent drivers has been specifically regulated in Article 310 paragraph (4) of the Road Traffic and Transportation Law as a lex specialis of the general provisions in the Criminal Code. The application of criminal liability is based on the fulfillment of the elements of negligence, the ability to be responsible, and the absence of a forgiving reason. This study emphasizes the importance of consistent and proportionate law enforcement to provide legal certainty, a sense of justice for victims, and a deterrent effect for traffic accident perpetrators.
Co-Authors Andika Eka Putra Amisi Aris Rahmawan Nur Handayat Siti Marwiyah Wahyu Prawesthi