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All Journal Jurnal Ilmu Hukum KYADIREN
Balqis Vifania
Universitas Islam Negeri Sumatera Utara, Indonesia
Law, Crime, Criminology & Criminal Justice

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Intoxication Does Not Negate Culpability: Rethinking Driver Mens Rea in Fatal Traffic Accidents Balqis Vifania; Rajin Sitepu
Jurnal Ilmu Hukum Kyadiren Vol 8 No 2 (2027): Jurnal Ilmu Hukum Kyadiren
Publisher : PPPM, Sekolah Tinggi Ilmu Hukum (STIH) Biak-Papua

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46924/jihk.v8i2.504

Abstract

Fatal traffic accidents involving alcohol consumption raise significant questions regarding criminal liability, particularly because Indonesian law lacks an objective standard for Blood Alcohol Concentration (BAC) and does not consistently distinguish between culpa (negligence) and dolus eventualis (eventual intent) in determining driver culpability. This study examines the relationship between alcohol-induced impairment and criminal responsibility, identifies the normative and evidentiary problems arising from the absence of a standardized BAC threshold, and proposes a more consistent and equitable framework for determining criminal liability. The study employs a normative juridical method using statutory, conceptual, medico-legal, and case-based approaches, with an analysis of ten judicial decisions. The findings demonstrate that alcohol intoxication does not automatically preclude criminal liability. However, the absence of a standardized BAC threshold creates evidentiary uncertainty and contributes to inconsistencies in judicial decision-making. The study concludes that a more coherent framework should integrate the doctrine of actio libera in causa, mens rea analysis, medico-forensic evidence, and sentencing guidelines to strengthen legal certainty, promote consistency in judicial reasoning, and ensure effective protection of victims.
Co-Authors Rajin Sitepu