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All Journal Jurnal Ilmu Hukum dan Keadilan
Jekson Situmorang
Faculty of Law, Universitas Muslim Nusantara (UMN) Al Washliyah, Indonesia

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CRIMINAL LIABILITY OF DRIVERS IN TRAFFIC ACCIDENT CASES AT THE INVESTIGATION STAGE (CASE STUDY AT LANGKAT POLICE) Jekson Situmorang; Muhammad Ridwan Lubis
Jurnal Ilmu Hukum dan Keadilan Vol 1 No 3 (2026)
Publisher : CV. Barokah Publsiher

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Abstract

This study examines the construction of driver criminal liability at the investigation stage in a fatal traffic accident handled by Langkat Police. The case concerns an accident on 24 January 2025 on the Medan–Banda Aceh National Road, kilometer 76–77, and the application of Article 310 of Law Number 22 of 2009 concerning Road Traffic and Transportation. Using empirical juridical research with statutory, conceptual, and case approaches, the study analyzes interviews with investigators and case documents. The findings show that liability must be built from proof of the driver’s identity and role, a concrete breach of the required standard of care, causation between the collision and death, and legally sufficient evidence. Negligence is assessed through speed, visibility, reaction time, road and vehicle conditions, victim behavior, physical traces, statements, and medical documents, while practical obstacles include altered accident scenes, inconsistent testimony, limited technical evidence, and delayed medical records
Co-Authors Muhammad Ridwan Lubis