Criminal Law Enforcement Motor Vehicle Drivers in Traffic Accidents Resulting in Death

Abstract

One of the major problems in traffic management is traffic accidents. Article 1 point (24) of Law Number 22 of 2009 on Road Traffic and Transportation defines a traffic accident as an unexpected and unintentional event occurring on the road involving vehicles and/or road users, which may result in casualties or not. Referring to the provisions of Article 230, and in relation to Article 299, the issue arises as to whether such acts constitute criminal offenses categorized as violations or crimes. Furthermore, based on the types of traffic accidents as regulated in Article 299, the Indonesian National Police are faced with a choice of whether to proceed with the criminal justice process in accordance with the Criminal Procedure Code (KUHAP) as mandated by Article 230 of Law Number 22 of 2009 on Road Traffic and Transportation, or to apply a restorative justice mechanism as stipulated in Police Regulation Number 8 of 2021 concerning the Handling of Criminal Cases Based on Restorative Justice. The problems examined in this journal are as follows: (1) How is the law enforcement process against motor vehicle drivers who cause death in traffic accidents carried out? (2) How is traffic law enforcement by the traffic police viewed from the perspective of restorative justice for victims or victims’ families and suspects ? This research employs normative legal research, statute approach, and conseptual approach which is conducted based on legal literature consisting of primary, secondary, and tertiary legal materials. Primary legal materials are binding legal sources; secondary legal materials provide explanations or interpretations of primary legal materials; while tertiary legal materials offer guidance and clarification for both primary and secondary legal materials. The result of this study are as follows: (1) Criminal law enforcement by traffic police against motor vehicle drivers involved in traffic accidents resulting in death, when based on Law Number 22 of 2009, may only be applied to minor traffic accidents causing damage to vehicles and/or goods. It is not permitted by this law to resolve moderate or severe traffic accidents—resulting in minor injuries, serious injuries, or death—through out-of-court settlements. Even if compensation is provided, criminal liability is not extinguished. This condition creates a regulatory conflict with Police Regulation Number 8 of 2021 on the Handling of Criminal Cases Based on Restorative Justice, which allows restorative justice to be applied to serious traffic accidents causing injuries or even death, and permits the termination of investigations based on restorative justice as stipulated in Article 10. (2) Law enforcement by traffic police based on restorative justice constitutes an alternative mechanism for resolving traffic offense cases outside the court system and has been freely chosen and accepted by the community. However, the application of restorative justice in such a discretionary manner represents a deviation from statutory provisions, as investigators depart from the requirements of Article 310 of Law Number 22 of 2009, relying on subjective assessments of offenders grounded in humanitarian considerations. These assessments then serve as the basis and benchmark for conducting out-of-court law enforcement through discretionary release, which is not strictly bound by statutory regulations.