Criminal Law Policy in Implementing Law Number 22 of 2009 in Traffic Violations Case that Cause the Death of People (Case Study Number 405/Pid.Sus/2018/PN Smg)

Abstract

Any behavior that disrupts the safety, order and smoothness of traffic as well as the rules and regulations that regulate it, is considered a traffic violation. This article attempts to examine the case resolution process, obstacles and solutions in relation to Decision Number 450/Pid.Sus/2018/PN Smg, as well as the application of Law Number 22 In 2009 concerning Road Traffic and Transportation in cases of traffic violations which resulted in fatalities. This research uses a sociological juridical methodology (social legal research) which is sometimes called social legal research. The qualitative method was carried out by utilizing primary and secondary data sources, then descriptive analysis was carried out from this data to form research. The analysis was carried out by applying 2 theories, namely the theory of justice and legal certainty in this paper. In accordance with Decision Number 450/Pid.Sus/2018/PN Smg, the Public Prosecutor has carried out the implementation of Law Number 22 in 2009 concerning Road Traffic and Transportation by charging and prosecuting perpetrators of traffic violations that result in the death of people/individuals. The Public Prosecutor has prosecuted and imposed sentences for traffic violations in decision Number 450/Pid.Sus/2018/PN Smg. SRI WIDODO bin JUMIAN. Case resolution is carried out according to the Criminal Procedure Law contained in the Criminal Procedure Code (KUHAP), starting from investigation, prosecution by the public prosecutor, and trial in court, which is followed by making a decision on the indictment.