Jurnal Restorasi: Hukum dan Politik
Vol. 2 No. 2 (2024): Jurnal Restorasi : Hukum dan Politik, October 2024

Analysis of Law Enforcement Against Over Dimension Over Load (ODOL) Violations According to the Road Traffic and Transportation Law

Riza Muttaqin (Program Magister Ilmu Hukum, Sekolah Tinggi Ilmu Hukum Sultan Adam Banjarmasin)
Abdul Halim (Program Magister Ilmu Hukum, Sekolah Tinggi Ilmu Hukum Sultan Adam Banjarmasin)
Subroto Rindang Arie Setyawan (Program Magister Ilmu Hukum, Sekolah Tinggi Ilmu Hukum Sultan Adam Banjarmasin)



Article Info

Publish Date
13 Nov 2024

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.

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Journal Info

Abbrev

restorasi

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Jurnal Restorasi : Hukum dan Politik is a journal that focuses on law and politics, and publishes research articles that focus on a scientific study of the relationship between normative systems, politics, and social structures, with a focus on the study of law and social ...