Abstract:
The large number of traffic accidents involving fatalities is a serious
concern for the public and the government. Loose driving discipline and control,
makes many drivers who lack discipline and are less careful in driving, so that
they are vulnerable to become perpetrators and victims of traffic accidents.
qualification of a criminal act with the fulfillment of the basic elements of a
criminal act of negligence in a traffic accident that causes death and injury Article
310 paragraph (4) of the Republic of Indonesia Law No. 22 of 2009 concerning
Road Traffic and Transportation, namely every person, driving a motorized
vehicle because his negligence resulted in a traffic accident, resulting in the death
of another person, was charged with guilt in accordance with legal facts, both
witness testimony and the testimony of the defendant and the elements of a
criminal act were fulfilled. The considerations in applying the criminal provisions
to the perpetrators in this case are appropriate and commensurate with the actions
of the defendant because the defendant is considered capable of taking
responsibility for his actions and is aware of the consequences, there are elements
of against the law and there is no reason for the abolition of the crime.
The theory that will be used in writing this thesis is Criminal Liability
Theory. In English, criminal liability is also known as responsibility, or criminal
liability. The concept of criminal responsibility is actually not only a matter of
law, but also about moral values or general decency adopted by a society or group
in society. This is done so that criminal responsibility is achieved by fulfilling a
sense of justice.
