Analisis Putusan Hakim Terhadap Pidana Lalu Lintas Yang Menyebabkan Kematian (Studi Putusan di Pengadilan Negeri Sigli)

Abstract

Driving a vehicle is less careful and exceeding maximum speed, it seems is a behavior that is less mature. Most drivers are less aware of the dangers faced when driving a vehicle with more than the maximum speed. In fact not a few drivers who commit violations. Type of research in this thesis is a normative legal research. This study aims to examine the legal sanctions against the perpetrators of traffic offenses that cause death according to Indonesian laws. To review the jury deliberations in legal sanctions against the perpetrators of traffic offenses causing death in Court Decision Sigli and assess barriers judges in imposing sanctions traffic offenses causing death. Legal sanctions against the perpetrators of traffic offenses that cause death according to Indonesian laws are divided into two. Non-penal sanctions and penal sanctions. Penal sanctions as stipulated in Law No. 22 Year 2009 on Traffic and Road Transportation. One of them provided for in Article 310 paragraph (4). As for the non-penal sanctions set out in administrative penalties. Considerations in Decision No. 80/Pid.B/2011/PN-SGI judges are the judges verdict handed down to the defendant Sofyan Hadi bin Ahmad namely imprisonment for 4 (four) months and a fine of Rp. 1.000.000, - (one million dollars) is less precise. When viewed from the judges imposed Article, namely Article 310 paragraph (4) of Law Number 22 Year 2009 regarding traffic and road transport. The provisions of Article shows that accidents resulting in death of others shall be punished imprisonment of six (6) years and a fine of Rp. 12.000.000, - (two thousand dollars). The decision of the judges is issued lightly. Decision No. 197/Pid.B/2011/PN-SGI is issued Decision Judges impose imprisonment for 1 (one) month of 15 (fifteen) days is appropriate. It is on the basis that the defendant was aged 15 (fifteen) years which means that the defendant was a minor. Another thing that may help is that the defendant has made peace with the families of the victims. Barriers judge in imposing sanctions traffic offenses in the District Court Sigli is a bottleneck that occurs when the defendant was not arrested. Defendants often do not appear for trial which has been determined, so that it can disrupt the proceedings