https://edunity.publikasikupublisher.com
522
Edunity
Volume 3 Number 7 July 2024
p- ISSN 2963-3648- e-ISSN 2964-8653
REFORM OF CRIMINAL LIABILITY BY TRAFFIC VIOLATORS RESULTING IN
VICTIM FATALITY
Hendra Gunawan
1
, Ade Saptomo
2
Universitas Borobudur, Indonesia
Email: adesaptomo@univpancasila.ac.id
ABSTRACT
The purpose of this study is to analyze the system of criminal liability for traffic offenders
resulting in fatalities and propose reforms to improve fairness and effectiveness in handling
such cases. The study discusses the system of criminal liability for traffic offenders resulting
in fatalities, and reforms that can be made to improve fairness and effectiveness in handling
such cases. Through a review of existing regulations and an analysis of common issues in
case handling, this study shows that the sanctions stipulated in the Road Traffic and
Transportation Law (Law LLAJ) have not been able to provide an adequate deterrent effect
for violators. In addition, inconsistent and unprofessional law enforcement also hampers the
creation of an effective legal system. Therefore, reforms in the criminal liability system are
necessary, including changes in the provision of more severe and strict sanctions, increased
consistent law enforcement, and efforts to raise public awareness of the importance of
compliance with traffic regulations.
Keywords: Criminal liability; Traffic violations; Victim fatalities
Introduction
Transportation is a mechanism that is often used by people to perform their activities.
With the development of the times, many developments in means of transportation are
needed to meet the needs of various existing means of transportation such as sea, air, and land
transportation as the needs of society (Mahendra et al., 2021). The transportation that is often
used by the community is land transportation because it better supports people's mobility in
traveling or sending and receiving goods. Land transportation facilities play a very crucial
role in providing smooth development and increasing the sense of prosperity for the
community. So, there is a need for regulations regarding the traffic of this transportation
(Nurfauziah & Krisnani, 2021).
Traffic is one of the means of community communication which plays a very vital role
in bringing about smooth development in every aspect of community life. Traffic by road
transport is crucial in increasing the social mobility of society because at all times society
continues to be faced with transportation and traffic due to various interests (Prastiwi, 2022).
So Law Number 22 of 2009 concerning Road Traffic and Transportation (UU LLAJ) was
formed as a regulation for the national transportation system for road traffic and
Vol. 3, No. 7, July 2024
523
https://edunity.publikasikupublisher.com
transportation in Indonesia. The formation of the LLAJ Law is guidance in the field of road
traffic and transportation, the implementation of which is carried out jointly by each relevant
institution by its main tasks and functions.
The hope in establishing the LLAJ Law is to protect people traveling in traffic so that
they are orderly and safe and that there are no traffic violations that result in traffic accidents.
However, with the increasing use of current means of transportation, there are many drivers
disobeying traffic rules. Motorists often act as they please and ignore applicable regulatory
signs such as the LLAJ Law (Efendi, 2022). With the increase in disobedience which constitutes
traffic violations, many accidents occur which result in losses, minor injuries, serious injuries,
and death. The National Police of the Republic of Indonesia (Polri) is a very crucial institution
for maintaining traffic security and safety as regulated in Article 200 and Article 201 of the
LLAJ Law.
The National Police of the Republic of Indonesia has an important role in maintaining
traffic order and security. This task is carried out through various preventive and repressive
efforts, including routine patrols, safety campaigns, and law enforcement against traffic
violations. However, traffic accidents still occur frequently, resulting in material losses and
even fatalities (Putri, 2021). Every traffic accident that occurs is not only the responsibility of
individuals but also demands strict and fair law enforcement to provide deterrent effects and
ensure justice for the victims. When a traffic accident occurs, the police, as investigators, must
collect and analyze evidence at the scene. Based on sufficient preliminary evidence,
investigators can identify suspected parties. The preliminary evidence can include CCTV
recordings, witness statements, vehicle conditions, and crime scene investigation results. With
this evidence, investigators can determine whether traffic violations caused the accident to
occur and assign responsibility to the parties involved.
Articles 234, 235, 236, and 237 of Law Number 22 of 2009 concerning Traffic and Road
Transportation regulate the responsibilities and sanctions for traffic violators. These articles
affirm that every driver involved in a traffic accident resulting in death or material loss is
criminally responsible. Article 234 specifies the driver's responsibility to provide
compensation to the victim, while Article 235 mandates the driver's obligation to provide first
aid to the victim. Articles 236 and 237 further explain the criminal sanctions for violators,
including imprisonment and fines (Raharjo, 2014).
However, it can be seen that despite the existence of sanctions in the law, these sanctions
are not fully effective in deterring traffic violators. The high number of traffic accidents that
continue to occur indicates that many drivers still do not comply with traffic regulations. This
non-compliance can be caused by various factors, including a lack of awareness of the
importance of road safety and the perception that the imposed sanctions are not severe
enough to deter. One of the main factors causing the ineffectiveness of sanctions is the
inconsistent enforcement of the law (Sudjana, 2017). Many cases of traffic violations are not
followed up with a strict legal process, or violators are only subject to light administrative
sanctions. This creates the impression that traffic violations are not serious violations so that
violators do not feel afraid or reluctant to repeat their actions. In addition, corruption and
abuse of authority by law enforcement officials also exacerbate this situation, where violators
can escape punishment by giving bribes.
Reform Of Criminal Liability By Traffic Violators Resulting In Victim
Fatality
Vol. 3, No. 7, July 2024
https://edunity.publikasikupublisher.com
524
Apart from law enforcement issues, the sanctions stipulated in the law may still be
considered too light by the public. For example, the fine imposed may not be commensurate
with the economic capacity of the violator, so it may not have a significant impact. Prison
sentences stipulated in law are also often not implemented optimally, or even reduced for
various reasons such as prison overcapacity and humanitarian considerations. As a result,
violators do not experience severe consequences for their actions. In reality, it can be seen that
the losses experienced by traffic accident victims, especially those resulting in death, have a
serious impact. The loss of one's life not only causes deep sorrow for the family left behind
but also often has significant social and economic consequences. The victim's family may lose
their main breadwinner, causing lasting financial hardship. Children lose their parents, which
can affect their education and future. Therefore, the legal system needs to provide adequate
protection and justice for victims and their families.
Deaths resulting from traffic accidents also have serious psychological impacts. Victims'
families often experience deep and ongoing emotional trauma. They must face a long grieving
process, which can affect their mental health and quality of life. Apart from that, the general
public who witnesses or hears about this tragic accident can also feel fear and anxiety when
on the road. All this shows that the impact of traffic accidents is not limited to direct victims,
but also spreads to a wider scope.
Even so, the current sanctions do not reflect the severity of the impact caused by traffic
violations that cause death. Sanctions that are too light do not provide a sense of justice for
the victim's family and are not enough to deter other violators. In many cases, the fines and
prison sentences imposed are disproportionate to the loss experienced by the victim's family.
It creates the impression that human life is given little value in traffic law enforcement, which
in turn weakens public confidence in the legal system.
So, it is necessary to review the sanctions policy for traffic violators who cause death.
Heavier and firmer sanctions must be applied to reflect the severity of the impact caused by
the violation. Apart from that, efforts need to be made to improve the law enforcement system
to make it more consistent and fairer. In this way, it is expected that traffic violators will be
more careful and obey the rules and that the victim's family will receive proper justice. The
implementation of heavier sanctions can also serve as a reminder that every action on the road
has serious consequences, and traffic safety must be a top priority for all parties.
Research Method
Normative juridical research methods are used to study and analyze legal regulations
related to a problem in a systematic and structured manner. In the context of research
regarding the reconstruction of criminal legal liability by perpetrators of traffic violations that
resulted in the death of the victim, normative juridical methods will involve analysis of
various laws, regulations, court decisions, and other legal documents that regulate criminal
liability in similar cases. The research will examine existing legal provisions, such as Articles
234, 235, 236, and 237 of Law Number 22 of 2009 concerning Road Traffic and Transportation,
as well as relevant court decisions.
Vol. 3, No. 7, July 2024
525
https://edunity.publikasikupublisher.com
Result And Discussion
The Criminal Liability System for Traffic Violations Resulting in Victim Fatalities as
Regulated in Indonesian Legislation
Traffic accidents themselves are events within the realm of criminal law that have legal
implications, including the accountability imposed on the parties involved. As part of the legal
system, traffic accidents are specifically regulated under the Traffic and Road Transportation
Law (UU LLAJ). The UU LLAJ functions as a specialized legal regulation addressing traffic
accident cases, differing from the General Criminal Code (KUHP), which is general. In the
context of criminal law, the UU LLAJ clarifies and emphasizes specific rules related to traffic
accidents, potentially overriding the provisions of the KUHP if the UU LLAJ provisions are
more relevant. Within the criminal law framework, the applicability of the UU LLAJ is
pertinent to a specific domain of criminal law. According to Wirjono Prodjodikoro, special
criminal law consists of legal provisions that differ from or deviate from general criminal law,
both formally and materially. The special characteristics in special criminal law are often
related to substances outside the scope of the KUHP. The UU LLAJ, as part of special criminal
law that focuses on legal regulations related to traffic, is applied to criminal cases involving
traffic accidents.
One of the provisions in the Traffic and Road Transportation Law (UU LLAJ) that
explicitly stipulates criminal sanctions is Article 310, paragraph (4) of the UU LLAJ. This
article substantially prohibits individuals who, in their efforts to drive motor vehicles, are
negligent (negligence) and cause the death of others. In this case, the offender can be subject
to a criminal sanction of up to 6 years in prison and/or a fine of up to Rp12,000,000.00. This
provision in criminal law doctrine relates to the concept of negligence as a form of fault in
criminal law.
Several articles regulate the criminal liability of traffic violators resulting in fatalities,
including:
a. Article 310, paragraph (1): Regulates the negligence of drivers that causes traffic accidents
resulting in fatalities. The penalty is imprisonment for up to 6 years and/or a fine of up to
Rp12,000,000.
b. Article 310, paragraph (2): Increases the penalty for violations under Article 310, paragraph
(1) if the driver is intoxicated, under the influence of illegal drugs, or exceeding speed
limits. The penalty is imprisonment for up to 10 years and/or a fine of up to Rp25,000,000.
c. Article 311, paragraph (1): Regulates the negligence of drivers that causes traffic accidents
resulting in multiple fatalities. The penalty is imprisonment for up to 12 years and/or a fine
of up to Rp24,000,000.
d. Article 312: Regulates the negligence of drivers that causes traffic accidents resulting in
fatalities and serious injuries. The penalty is imprisonment for up to 5 years and/or a fine
of up to Rp10,000,000.
e. Article 313: Regulates the negligence of hit-and-run drivers that causes traffic accidents
resulting in fatalities. The penalty is imprisonment for up to 7 years and/or a fine of up to
Rp15,000,000.
Reform Of Criminal Liability By Traffic Violators Resulting In Victim
Fatality
Vol. 3, No. 7, July 2024
https://edunity.publikasikupublisher.com
526
Reforms That Can Be Implemented in the Criminal Legal Accountability System to
Enhance Justice and Effectiveness in Handling Traffic Violation Cases Resulting in
Fatalities
There are still deficiencies in the criminal legal accountability system concerning traffic
violation cases resulting in the death of victims, highlighting several critical issues that affect
justice and the effectiveness of law enforcement. One of the main weaknesses is the
inadequacy and leniency of the sanctions imposed on traffic violators causing fatalities.
Although there are provisions in the Traffic and Road Transportation Law that regulate
criminal sanctions, often the sanctions imposed do not correspond to the seriousness of the
crime committed. Relatively low fines and a maximum prison sentence of only six years may
not reflect the level of wrongdoing and the impact caused by the violators' actions. It can
diminish the sense of justice for the victims' families and fail to provide sufficient deterrent
effect for the violators.
Moreover, the handling of traffic violation cases resulting in fatalities is often hindered
by issues of inconsistent and unprofessional law enforcement. There are cases where clear
traffic violations are not seriously pursued by law enforcement officers, either due to
corruption, resource limitations, or other subjective considerations. It can lead to a decline in
public trust in the legal system and increase injustice for the victims. Reviews of real cases
also reveal that the legal process is often slow and complex, with a lot of administration and
bureaucracy to navigate. This not only delays justice for the victims but also increases the
psychological and financial burden for the victims' families who have to endure the lengthy
and exhausting legal process.
In order to enhance the fairness and effectiveness in handling traffic violation cases
resulting in the death of victims, comprehensive reforms are needed in the criminal
accountability system. It includes expanding and strengthening existing regulations,
adjusting sanctions and penalties to better reflect the level of culpability and impact caused,
improving consistent and professional law enforcement, and reforming legal processes to
expedite case resolutions. With these measures, it is expected that a more equitable and
efficient system can be created to address traffic violation cases resulting in fatalities.
Although the Traffic and Road Transport Law (UU LLAJ) regulates various articles that
assert criminal liability for perpetrators of traffic violations resulting in fatalities, in reality,
the prescribed sanctions have not been able to sufficiently deter offenders. The sanctions
stipulated in the UU LLAJ are sometimes considered too lenient to have a significant deterrent
effect. While traffic violations resulting in fatalities are serious offenses, the relatively low fines
and a maximum prison sentence of only six years may not adequately reflect the severity of
the wrongdoing. Offenders may not feel compelled to abide by traffic regulations in the future
if they are only subjected to sanctions that do not match the gravity of their crimes.
Law enforcement that is inconsistent and ineffective also poses a problem in achieving
the deterrent effect of criminal sanctions. There are cases where serious traffic violations are
not dealt with seriously by law enforcement officers, either due to corruption, resource
limitations, or other subjective considerations. When offenders feel they can escape
punishment or receive lenient penalties, they may not be afraid to repeat their actions in the
future. To create a more effective legal system in handling traffic violation cases resulting in
the death of victims, it is important to review the sanctions stipulated in the Traffic and Road
Vol. 3, No. 7, July 2024
527
https://edunity.publikasikupublisher.com
Transport Law (UU LLAJ). Harsher and more stringent sanctions should be considered to
provide a stronger deterrent effect for violators. Additionally, consistent and professional law
enforcement needs to be enhanced, along with increasing public awareness of the importance
of compliance with traffic regulations for collective safety. With these steps, it is hoped that a
fairer and more effective legal system can be established in handling traffic violation cases
resulting in the death of victims.
Reforms in criminal accountability regarding traffic violation cases resulting in the death
of victims are needed to create a more effective and fair legal system. These reforms need to
include changes in imposing heavier and stricter sanctions to provide a stronger deterrent
effect for violators. Additionally, consistent and professional law enforcement is also key to
achieving this goal, requiring concrete steps to enhance law enforcement in the field.
Furthermore, reforms also need to involve efforts to increase public awareness of the
importance of compliance with traffic regulations for collective safety. By undertaking
comprehensive reforms in criminal accountability, it is expected that a more effective legal
system can be established in handling traffic violation cases resulting in the death of victims
and provide justice for all parties involved.
Conclusion
Although the Traffic and Road Transport Law (UU LLAJ) has regulated criminal
accountability for traffic violators resulting in the death of victims, there are still shortcomings
in the existing system. The sanctions stipulated tend to be considered too lenient and
insufficient in providing a significant deterrent effect for the perpetrators. Additionally,
inconsistent and unprofessional law enforcement also poses a barrier to creating an effective
legal system in handling such cases. Therefore, reforms in the system of criminal
accountability are needed to enhance fairness and effectiveness in handling cases of traffic
violations resulting in the death of victims. These reforms need to include changes in imposing
heavier and stricter sanctions, enhancing consistent and professional law enforcement, and
efforts to increase public awareness of the importance of compliance with traffic regulations.
By undertaking these reforms, it is hoped that a more fair and effective legal system can be
created for handling cases of traffic violations resulting in the death of victims.
Bibliography
A. Chazawi, Pelajaran Hukum Pidana I, Jakarta: Raja Grafindo Persada, 2011, p. 81.
B. Poernomo, Asas-asas Hukum Pidana, Jakarta: Ghalia Indonesia, 2002, p. 40.
C. Huda, Dari Tiada Pidana Tanpa Kesalahan Menuju Kepada Tiada Pertanggungjawaban
Pidana Tanpa Kesalahan, Jakarta: Kencana, 2006, p. 70.
Efendi, E. R. (2022). Penerapan Hukum Terhadap E-Tilang Dalam Upaya Penertiban Lalu
Lintas Pada Undang-Undang No 22 Tahun 2009 Tentang Lalu Lintas Dan Angkutan
Jalan. Bureaucracy Journal: Indonesia Journal of Law and Social-Political Governance, 2(2), 521–
538.
A. Chazawi, Pelajaran Hukum Pidana I, Jakarta: Raja Grafindo Persada, 2011, p. 81.
E. O. Hiarij, Prinsip-Prinsip Hukum Pidana, Yogyakarta: Cahaya Atma Pustaka, 2014, p. 121.
Ishaq, Dasar-dasar Ilmu Hukum, Jakarta: Sinar Grafika, 2008, p. 244.
Mahendra, S., Nahdhah, N., & Tista, A. (2021). Mediasi Penal Tindak Pidana Kecelakaan Lalu
Reform Of Criminal Liability By Traffic Violators Resulting In Victim
Fatality
Vol. 3, No. 7, July 2024
https://edunity.publikasikupublisher.com
528
Lintas Yang Menyebabkan Korban Jiwa Berdasarkan Keadilan Restoratif. Jurnal
Penegakan Hukum Indonesia, 2(3), 459–484.
Moeljatno, Asas-Asas Hukum Pidana, Jakarta: Rineka Cipta, 2008, p. 71.
M. Abdul, Pembinaan Kesadaran Hukum Dalam Bidang Lalu Lintas, Yogyakarta: Jaya Abadi,
1981, p. 17.
M. Ali, Dasar-Dasar Hukum Pidana, Jakarta: Rineka Cipta, 2015, p. 193.
M. Ali, Dasar-Dasar Hukum Pidana, Jakarta: Rineka Cipta, 2015, p. 193.
M. Ali, Dasar-Dasar Hukum Pidana, Jakarta: Rineka Cipta, 2015, p. 193.
N. Rondlon, Menggarairahkan Kesadaran Hukum Masyarakat dan Disiplin Penegak Hukum
dan Lalu Lintas, Jakarta: Bina Ilmu, 1983, p. 19.
Nurfauziah, R., & Krisnani, H. (2021). Perilaku pelanggaran lalu lintas oleh remaja ditinjau
dari perspektif konstruksi sosial. Jurnal Kolaborasi Resolusi Konflik, 3(1), 75–85.
Prastiwi, W. D. (2022). Membedah Pasal 77 Ayat (1) Undang-Undang Republik Indonesia
Nomor 22 Tahun 2009 Tentang Lalu Lintas Dan Angkutan Jalan Di Masa Pandemi.
JISOS: Jurnal Ilmu Sosial, 1(7), 639–646.
Putri, J. R. (2021). Penyelesaian Tindak Pidana Kecelakaan Lalu Lintas Dan Angkutan Jalan
Melalui Pendekatan Keadilan Restoratif. Soumatera Law Review, 4(1), 80–92.
Poerwadarminta, Kamus Besar Bahasa Indonesia, Jakarta: Balai Pustaka, 1997, p. 536.
Raharjo, R. (2014). Tertib Berlalu Lintas. Shafa Media, Yogyakarta.
R. Atmasasmita, Perbandingan Hukum Pidana, Bandung: Mandar Maju, 2000, p. 65.
R. d. P. A. L:obo, Asas-asas Hukum Pidana, Ujung Pandang: Umithohs Press, 1989, p. 74.
S. D. S. d. M. F. Hertini, Hukum Pidana Dalam Bagan, Pontianak: Fakultas Hukum Untan
Press, 2015, p. 166.
Sudarto, Hukum Pidana Jilid I, Semarang: Yayasan Sudarto, 1990, p. 43.
Sudjana, S. (2017). Penyuluhan Hukum Dalam Upaya Peningkatan Kesadaran Hukum
Berlalulintas Melalui Pemahaman Terhadap Isi Undang-Undang Nomor 22 Tahun 2009
Tentang Lalu Lintas Dan Angkutan Jalan. Jurnal Pendidikan Ilmu Sosial, 25(2), 124–137.
T. Andrisman, Asas-Asas dan Dasar Aturan Hukum Pidana Indonesia, Bandar Lampung:
Unila, 2009, p. 8.
T. Prasetyo, Hukum Pidana, Depok: Raja Grafindo Persada, 2010, p. 85.
licensed under a
Creative Commons Attribution-ShareAlike 4.0 International License