Yustisia
Vol 6, No 1: April 2017

MODEL OF CRIMINAL CASE RESOLUTION OF TRAFFIC ACCIDENTS CAUSING DEATH

Ismunarno Ismunarno (Faculty of Law Universitas Sebelas Maret)
Rofikah Rofikah (Faculty of Law Universitas Sebelas Maret)
Sabar Slamet (Faculty of Law Universitas Sebelas Maret)



Article Info

Publish Date
08 Apr 2017

Abstract

 The present research seeks to find out a model of criminal case resolution of traffic accidents causing death in Traffic Directorate of Yogyakarta (DIY) Police Department through either criminal justice system or mediation. Socio-legal research or non-doctrinal research has been used for this research. The research location is located in the Traffic Directorate of Yogyakarta Police Department. The research data use primary and secondary data. The results of this research indicate that in Traffic Directorate of DIY Police Department criminal case of traffic accidents causing death is resolved through criminal justice system with a record of ordinary examination. It is in accordance with the Decree of Indonesian National Police Number 15 of 2013 regarding Procedures for Handling Traffic Accident. Meanwhile, mediation is never used to resolve such case since there exists no legal framework. The article, therefore, suggests that revision of the Decree should be made. The criminal case resolution of traffic accidents causing death should fall into two forms, namely willful misconduct and negligence. A case with willful misconduct should be resolved through criminal justice system, while  that negligence is resolved through mediation.  

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Journal Info

Abbrev

Yustisia

Publisher

Subject

Law, Crime, Criminology & Criminal Justice Social Sciences

Description

The scope of the articles published in Yustisia Jurnal Hukum deal with a broad range of topics in the fields of Civil Law, Criminal Law, International Law, Administrative Law, Islamic Law, Constitutional Law, Environmental Law, Procedural Law, Antropological Law, Health Law, Law and Economic, ...