Analisis Yuridis Terhadap Kelalaian Pengemudi Dalam Keadaan Mabuk Yang Menyebabkan Kematian (Studi Putusan Nomor 1529/Pid.Sus/2025/PN.Sby)

YULIANTO, NAURAH ENGRASIA (2026) Analisis Yuridis Terhadap Kelalaian Pengemudi Dalam Keadaan Mabuk Yang Menyebabkan Kematian (Studi Putusan Nomor 1529/Pid.Sus/2025/PN.Sby). Undergraduate thesis, UPN Veteran Jawa Timur.

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Abstract

Traffic accidents are a legal event that often occurs in the Surabaya area. This study aims to analyze the judge's ratio decidendi in assessing and determining the fulfillment of the elements of criminal negligence and to examine whether the application of the articles in the decision is in accordance with justice. The research method used by the author is normative juridical with a statute approach and a conceptual approach. This study examines the problems in the sentencing of the defendant in Decision Number 1529/Pid.Sus/2025/PN.Sby who was charged with Article 311 Paragraph (5) of Law No. 22 of 2009 concerning Traffic and Road Transportation, where there was driver negligence that caused the loss of a person's life. However, the imposition of a 10 month prison sentence is considered not to reflect the principle of justice because the sentence imposed on the defendant is light compared to the consequences, namely the loss of another person's life. Thus, the panel of judges should have provided a more comprehensive consideration of the defendant's accident, considering the impact on the victim and the objectives of sentencing, which also encompass aspects of retribution, deterrence, and community protection. Keywords: Negligence, Principle of Justice, Driver, Traffic Accident

Item Type:

Thesis (Undergraduate)

Contributors: