IMPLEMENTASI PENUNTUTAN OLEH JAKSA PENUNTUT UMUM DALAM TINDAK PIDANA KELALAIAN YANG MENYEBABKAN LUKA-LUKA (Studi Kasus di Kejaksaan Negeri Magetan)

Annashrul, Fajar Luthfi (2025) IMPLEMENTASI PENUNTUTAN OLEH JAKSA PENUNTUT UMUM DALAM TINDAK PIDANA KELALAIAN YANG MENYEBABKAN LUKA-LUKA (Studi Kasus di Kejaksaan Negeri Magetan). Undergraduate thesis, UPN "Veteran" Jawa Timur.

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Abstract

The Attorney General's Office of the Republic of Indonesia plays a central role in the criminal justice system, with the Public Prosecutor responsible for ensuring that every case is processed professionally, fairly, and with high quality. In the field of traffic, accidents caused by driver negligence often result in injury or death to victims. Driver negligence resulting in death is regulated in Article 310 paragraph (4) of Law No. 22 of 2009. This study aims to analyze the parameters of causality in criminal negligence that causes injury, as well as to determine the criminal liability of the perpetrator of negligence as revealed in two decisions of the Magetan District Court (No. 147/Pid.B/2022/PN Mgt and No. 29/Pid.Sus/2025/PN Mgt). The Public Prosecutor acted as dominus litis, controlling the prosecution process and drafting the indictment by detailing the elements of negligence according to the facts of the case. In the case of decision No.147/Pid.B/2022/PN Magetan, the prosecutor successfully proved the single indictment in its entirety so that the elements of negligence were fulfilled. Conversely, in decision No. 29/Pid.Sus/2025/PN Magetan, the prosecutor applied an alternative indictment strategy (Article 310 paragraph (3) of the LLAJ Law on serious injury and paragraph (4) on death). In this case, the main charge (serious injury) was not proven, but the subsidiary charge (negligence resulting in death) was successfully proven. The study also found that prosecutors classified the degree of negligence (Culpa Lata and Culpa Levis) based on the severity of the victim's injuries. In both decisions, the public prosecutor applied the Conditio Sine In Quanon theory of causality to describe the chronology of events and the Adequate theory of causality in formulating the indictment, as well as anticipating the defense's objection to the concept of Novus Actus Interviens. Keywords: Public Prosecutor, Driver, Negligence, Causality

Item Type:

Thesis (Undergraduate)

Contributors: