Lonna Yohanes Lengkong
Universitas Kristen Indonesia

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Journal : Honeste Vivere

PERTANGGUNGJAWABAN PIDANA TERHADAP PENGENDARA YANG MENGAKIBATKAN KEMATIAN PADA KECELAKAAN LALU LINTAS Angelina Cinthia Diana Sinaga; Hulman Panjaitan; Lonna Yohanes Lengkong
Honeste Vivere Vol 33 No 1 (2023): January
Publisher : Fakultas Hukum Universitas Kristen Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55809/hv.v33i1.168

Abstract

The development of Indonesia's transportation system is a community need. Given the rather dominant role played by land transport, it is imperative that land transport ensure that traffic is safe, orderly and smooth in order to ensure a smooth flow of various activities in the realization of the public interest. And how to be efficient. Traffic accident frequency. Many of the causes of traffic accidents are caused by negligence and human error, and these traffic accidents have resulted in many losses, such as damage to public facilities and casualties. The research methods used by the authors are prescriptive laws that research library materials or secondary data. The approaches used by the authors are the legal approach and the case approach. A legal approach is taken by directly examining the laws and regulations relevant to the legal issue under investigation. Approaching the case, the author analyzes Court Decision No.665/Pid.B/PN.JKT.PST. Article 311 of the Road Traffic Transport Law No.22 of 2009 precluded the application of Articles 338 and 359 of the Penal Code by the existence of regulations on traffic accident norms and criminal penalties as a special case for traffic accidents. General Criminal Provisions. It is known as a special law that deviates from the general law.
ANALISA PUTUSAN HAKIM TERHADAP PENGEMUDI KENDARAAN BERMOTOR YANG KARENA KELALAIANNYA MENGAKIBATKAN ORANG LAIN MENINGGAL DUNIA Yosephine Elizabeth; Inri Januar; Lonna Yohanes Lengkong
Honeste Vivere Vol 33 No 2 (2023): July
Publisher : Fakultas Hukum Universitas Kristen Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55809/hv.v33i2.197

Abstract

Traffic Accident is an incident on the streets that happened out of nowhere that can cause damage, injuries, and even death. The research problem of this thesis are to know the criminal liability of the act of Negligence Caused Death in Indonesian’s Law and the application of its criminal liability towards someone’s behavior of negligence caused death in the Medan District Court Verdict No: 3569/Pid.Sus/2021/PN Mdn). The research method that is used by the author is the method of normative juridical which uses case approach and statute approach. The data sources that is used by the author is the secondary data in which are primary materials, secondary materials, and tertiary material. For the outcome, the author concluded that the Prosecutors can’t proof the Defendant actions in details. In the Medan District Court Verdict No: 3569/Pid.Sus/2021/PN Mdn, there is nothing that can be use a proof or something that can be convincing enough to proof that the Defendant is indeed driven the Vehicle above the Speed Limit. So because of that, the Judges should’ve made the verdict as a free verdict.