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All Journal Jurnal Restorasi: Hukum dan Politik
Abdul Halim
Program Magister Ilmu Hukum, Sekolah Tinggi Ilmu Hukum Sultan Adam Banjarmasin
Law, Crime, Criminology & Criminal Justice

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Criminal Law Enforcement of Motor Vehicle Drivers in Traffic Accidents Resulting in Deaths Susilawati Susilawati; Abdul Halim; Subroto Rindang Arie Setyawan
Jurnal Restorasi : Hukum dan Politik Vol. 2 No. 2 (2024): Jurnal Restorasi : Hukum dan Politik, October 2024
Publisher : Jurnal Restorasi : Hukum dan Politik

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Abstract

Traffic accidents resulting in fatalities continue to increase in Indonesia, making it a serious problem that requires special attention in law enforcement. This research explores law enforcement against drivers who cause fatal accidents, based on Law No. 22/2009 on Road Traffic and Transportation. This law requires formal legal resolution through criminal justice for serious accidents, but there are differences with Police Regulation No. 8 of 2021 which allows a Restorative Justice approach for similar accidents, including those resulting in fatalities. This normative research analyzes the alignment of the two regulations and evaluates the application of Restorative Justice as an alternative solution. The results show that the application of Restorative Justice often clashes with formal criminal provisions, so harmonization of regulations is needed so that law enforcement is more consistent and does not neglect the rights of victims and the interests of justice for the community. With the harmonization of laws, it is expected that the police will have a clearer legal basis in handling traffic accident cases in a humanist and comprehensive manner.
Analysis of Law Enforcement Against Over Dimension Over Load (ODOL) Violations According to the Road Traffic and Transportation Law Riza Muttaqin; Abdul Halim; Subroto Rindang Arie Setyawan
Jurnal Restorasi : Hukum dan Politik Vol. 2 No. 2 (2024): Jurnal Restorasi : Hukum dan Politik, October 2024
Publisher : Jurnal Restorasi : Hukum dan Politik

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Abstract

Over Dimension Over Load (ODOL) is one of the most serious violations in road traffic and transportation in Indonesia, with high risks to safety and damage to infrastructure. Although Law No. 22/2009 on Road Traffic and Transport regulates ODOL violations, there is an imbalance in the categorization of punishment: *over dimension* violations are considered a crime (Article 277), while *over load* is only categorized as a misdemeanor (Article 307). This research utilizes a normative legal research method with a statutory approach, highlighting weaknesses in the enforcement and substance of the law that risk leading to unfairness and ineffectiveness of sanctions. The results show that the disparity in ODOL penalty categories does not provide an adequate deterrent effect and has the potential to reduce legal compliance. To address this inconsistency, it is recommended that Article 277 and Article 307 be revised so that they are both regulated as equivalent criminal offenses with more severe sanctions, including high fines or imprisonment. This reformulation aims to strengthen law enforcement and improve road safety.
Co-Authors Riza Muttaqin Subroto Rindang Arie Setyawan Susilawati Susilawati