Baru-baru ini ditambahkan
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tanggal Selasa, 20 April 2021
Penulis Edy Prasetyo, Sigit Herman Binaji
Metadata Tampilkan data lengkapKedudukan Penyelesaian Non Litigasi Dalam Hukum Pidana Pada Kasus Kecelakaan Lalu Lintas Yang MengakTraffic accidents often cause motorists and road users to suffer minor injuries or death. As regulated in Article 310 of Law No. 22 of 2009 concerning Traffic and Road Transportation, emphasizes the settlement of traffic violation cases through legal channels. But in reality, there is peace with traffic violations at the police level, which is carried out by the perpetrators by providing a number of material and immaterial compensation to the victims. This type of research is empirical juridical. Data collection techniques through interviews and library research. The data analysis technique uses descriptive qualitative. The results of the study conclude: First, efforts to resolve non-litigation in traffic accidents that result in casualties are usually done through mediation to make peace. The mediator who is often referred by the perpetrators is the police. In this peace effort, the perpetrators generally provide compensation to the victim's family to pay for the funeral, and other needs as a form of concern and responsibility of the perpetrator for the death of the victim. Second, the position of non-litigation settlement in criminal law in cases of traffic accidents resulting in fatalities cannot abort the criminal prosecution process in court. However, this form of peace is usually used as consideration by the judge in giving his decision. If deemed necessary, the judge can provide relief for criminal sanctions provided.