PERTANGGUNGJAWABAN PIDANA TERHADAP PELAKU TINDAK PIDANA KEALPAAN YANG MENYEBABKAN MATINYA ORANG LAIN DALAM KECELAKAAN LALU LINTAS (Analisis Kasus Nomor: 1759/Pid.B/2012/PN.Jkt.Pst)

Abstract

Criminal liability leads to the punishment of the perpetrator, if he has committed a criminal act and fulfills the elements that have been stipulated in the law. Viewed from the point of view of the occurrence of a prohibited action (required), a person will be criminally responsible for these actions if the action is against the law. To account for someone in criminal law, must pay attention to the mistakes of the maker. However, it is not enough to pay attention to mistakes alone, but also to pay attention to the reasons and circumstances that abolish the punishments contained in Articles 44, 48, 49, 50 and 51 of the Criminal Code. In the event that the perpetrator has complied with the provisions of that Article, the perpetrator has been freed from criminal threats. The research method used is normative juridical, namely legal research on primary lega materials and secondary legal materials, especially those related to the material discussed. This study aims to find out how the criminal responsibility of the perpetrators of the crime of
negligence that causes the death of other people in traffic accidents. From the results of the study, it was concluded that Defendant Mariyanto based on the facts of the trial did not meet the elements of Articles 44, 48, 49, 50, and 51 of the Criminal Code which abolished the crime so that Defendant Mariyanto was able to take responsibility and could be held criminally responsible. By knowing that the Victim in this case also has an error that contributed to the creation of the offense and the Defendant has no evil inner intention in him, so that the Defendant does not harm, the writer is of the opinion that the Defendant is more appropriate to
be sentenced to probation as requested by the Legal Advisor on behalf of Mariyanto in his Pledo because considerations of humanity and justice.