The Implementation of Presumption of Innocent in E-Tilang (Electronic Fine for Traffic Rules Violation)in Padang Panjang District Court

Arif Fansuri, Elwi Danil, Siska Elvandari

Abstract


The objectives of this present research are: 1) to Know the Implementation of Presumption of Innocent in Law Enforcement towards Traffic Rules Violation before Using Electroning Fine System; 2) to Know the Implementation of Presumption of Innocent in Law Enforcement towards Traffic Rules Violation by Using Electroning Fine System. The approach method used in this research is sociological judicial method. The research results show that: 1. Law enforcement towards traffic rules violation before the prevailing of E-Tilang (Eletronic Fine for Traffic Rules Violation) which refers to Decree of Supreme Court on Traffic Rules prioritizes more on giving protection and guaranteeing the presumption of innocent for traffic rules violators. The regulation and the practice of such law enforcement provide easiness and protection for the traffic rules violators. 2. Law enforcement towards traffic rules violation by using E-Tilang (Eletronic Fine for Traffic Rules Violation) which refers to Decree of Supreme Court on Traffic Rules is weak or not able to accommodate the presumption of innocent as a form of protection to the traffic rules violators. This is caused by the law enforcement by using E-Tilang (Eletronic Fine for Traffic Rules Violation) referring to Decree of Supreme Court on Traffic Rules does not provide space for the traffic rules violators as Justitiabelen because the session for traffic rules violation cannot be conducted. For the betterment of law enforcement in the future, it is better to have review and revision towards Decree of Supreme Court on Traffic Rules.


Keywords


Traffic; Fine; Law Enforcement; Presumption of Innocent

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References


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DOI: http://dx.doi.org/10.18415/ijmmu.v6i5.1107

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