Criminal Aspects In The Culpa Case Causing The Victims' Death In The Scope Of Traffic

Abstract

Destination inwritingthis is to examine and analyze the substance of the criminal aspects of traffic law products in regulating acts of negligence (culpa) which caused the victim's death. In this writing, the writer uses a normative juridical method with research specifications in the form of descriptive analysis. Based on the discussion, it was concluded that the enactment of Law Number 22 of 2009 concerning Road Traffic and Transportation made Article 359 of the Criminal Code no longer used in the application of sanctions for traffic negligence which caused the loss of other people's lives. This is in accordance with the use of the principle, namely the principle of Lex Specialis Derogat Legi Generalis which means that the principle of legal interpretation states that specific laws override general laws. Law Number 22 of 2009 concerning Road Traffic and Transportation contains high criminal provisions. The article relating to traffic negligence that causes the loss of other people's lives is Article 310 paragraph 4, namely "in the case of an accident as referred to in paragraph 3 which results in the death of another person shall be subject to imprisonment for a maximum of 6 (six) years and/or a fine of a maximum of Rp. 12,000,000.00 (twelve million rupiahs)".