KEPASTIAN HUKUM TERHADAP PELAKU TINDAK PIDANA DELIK BIASA YANG DISELESAIKAN DENGAN MEDIASI (STUDI KASUS KECELAKAAN LALU LINTAS YANG MENYEBABKAN KEMATIAN)
Abstrack: Traffic accident
often causes the accident both small or big scales, the small scale causes
light injury while the death. It is ruled in Article 310 of the Act Number 22,
2009 regarding the Traffic and Land Transportation states that the settlement
of the violation of the act is done through litigation. However, there is the
settlement outside the court in the level of investigation by the police by restitution
given by the violator to the victim that can be material or immaterial form.
The settlement of non-litigation is not recognized in the criminal law but it can
be found in the society. Traffic accident with caused the death of an ordinary
offense, not a complanit based offense. In a sense, the law enforcement
officers or police remains under an obligation to process the case even though
no report of casualties and others, and even if the perpetrator and the
victim’s family has made peace efforts, but the legal process continues.
Penulis: Jamal Abdullah
Kode Jurnal: jphukumdd160425
