View of LEGAL RESPONSIBILITY OF PUBLIC TRANSPORT BUS DRIVERS DUE TO AN ACCIDENT WHICH CAUSED A PASSENGER TO DIE BASED LAW NUMBER 22 OF 2019 REGARDING TRAFFIC AND ROAD TRANSPORT (Study of the Decision of the Simalungun District Court Number 55/Pid.Sus/2019/PN Sim)

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JURNAL DARMA AGUNG, Vol. 30, No. 3, (2022) Desember : 917 - 930

LEGAL RESPONSIBILITY OF PUBLIC TRANSPORT BUS DRIVERS DUE TO AN ACCIDENT WHICH CAUSED A PASSENGER TO DIE BASED LAW NUMBER 22

OF 2019 REGARDING TRAFFIC AND ROAD TRANSPORT (Study of the Decision of the Simalungun District Court Number 55/Pid.Sus/2019/PN Sim)

By:

Muhammad Ansori Lubis Universitas Darma Agung, Medan

E-mail :

[email protected] ABSTRACT

Traffic accidents result in many casualties, and perpetrators may be charged with murder due to negligence or negligence while driving. This application is regulated by Law No. 22 of 2009 on Road Traffic and Transportation. The research method is descriptive analysis, which leads to normative legal research, i.e. research with reference to legal norms, i.e. the study of library materials and secondary sources. Secondary data processed from primary legal data, secondary legal data, and tertiary legal data. As a result, Article 310, No. 22 of the Road Traffic Act of 2009 provides regulations for driver negligence resulting in death, and targets drivers who cause fatal accidents due to negligent driving. In the world of other people's death, punishable by imprisonment not exceeding six years or a fine not exceeding rupiah.

12,000,000.- (12 million) Rupiah. In the case of intentional death in a traffic accident that endangers the safety of road users by intentionally driving a motor vehicle in a dangerous manner, the determination of the criminal act as intentional negligence is governed by Article 311 of the Act. 22nd, 2009 on Road Traffic and Transportation.

Keywords: Liability, Negligence/Intentional, Driver.

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1. PRELIMINARY

A very big impact is the inconvenience in the activities of road users. In other words, it increases the psychological burden. This can lead to long-lasting stress and, ultimately, to negligence or neglect of your duties as a road user, which of course can lead to harm. When it follows and adheres to social norms, its mandate can regulate all aspects of the state and its life and contribute to its maximum implementation. In the case of traffic accidents (Lacarantas), it is necessary to distinguish between a violation and a crime. A case must be a felony because it is prosecuted under the law, but in a traffic accident the crime is caused by an unintentional felony or negligent or negligent act. Law No. 22 of 2009 on Road Traffic and Transport (LLAJ) defines a road accident as an unexpected and unintentional accident on a road, with or without other road users, that may result

personal injury and/or property damage may occur. There were 9,202 incidents reported in 2019, with 1,888 serious injuries, 5,583 minor injuries and 1,731 deaths, according to data from the North Sumatra Regional Police Traffic Department. On the other hand, data on traffic accidents (lakalantas) in Simalungun Polres were collected from January to November 2019, with 572 cases, 67 seriously injured, 400 slightly injured and 105 killed. reported. The high rate of traffic accidents (traffic accidents) is due to a lack of awareness among residents (drivers in this case) and is due to many factors. For example, physical fitness, mental preparation in the event of driver fatigue, and the effects of alcohol and illegal drugs. Lack of driver preparation opens the window of opportunity for serious accidents and jeopardizes the safety of other road users.

Inattentiveness, drowsiness, clumsiness, fatigue, lack of distance and speed are examples of common driving errors.

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The increase in traffic accidents is caused by factors such as road and environmental conditions, vehicle and driver conditions, population growth, and the wealthy's increasing modes of transportation. One of the serious traffic problems is traffic accidents, which are usually always caused by traffic violations.

A common form of traffic violation is a road accident, caused by people, vehicles, roads, environmental and weather factors, which can endanger the property and life of others. A combination of these factors can occur between people and vehicles.

For example, exceeding the speed limit can lead to tire punctures and vehicle accidents.

Especially the number of traffic accidents that occurred in Indonesia has created a new problem that the number of traffic accidents has increased in the last two years. This is due to the large number of car drivers who do not understand and

understand traffic. Road Traffic Law No.

22 of 2009 Road Traffic Law signs and methods lead to many traffic accidents.

2. RESEARCH METHODS

This study has an analytical and descriptive nature, which means that it is a study that describes, investigates, explains, analyzes, and analyzes the problems of cattle rustling crime in the context of laws and regulations. To do. This study is a scientific activity based on certain methods, systems and ideas aimed at studying certain laws through analysis.

This study is, by its nature, a prescriptive legal study. Normative law research refers to research on library materials (secondary materials) and library law research. Normative legal studies include the study of legal principles, legal systems, inventories of positive law, and basic philosophies of positive law (dogma or doctrine). Research studies focus on

regulation, criminal liability, and the

considerations of judges in making decisions against perpetrators of crime or

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vigilantism resulting in death. The subject of this research work is the inventory of legal basis and positive law, according to the research focus.

Data collection is one of the essential phases of the research process, as data is the source of research. Data collection is focused on the main issues present so that there is no irregularity or ambiguity in the study discussion. Data collection in this study uses primary and secondary data. Data analysis by Soerjono Soekanto and Sri Mamudji is the process of organizing data sequences and organizing them into patterns, categories, and basic descriptive units. The secondary data obtained are organized, processed, investigated and analyzed using descriptive methods using a qualitative approach. According to Soerjono Soekanto and Sri Mamudji, qualitative data analysis is the ability to manipulate data, organize it, sort it, synthesize manageable units,

look for and find patterns, and communicate to others. An attempt to find something. So that I can report the results of this study thoroughly and systematically. Therefore, this analytical work is expected to draw conclusions according to the problem and research goals.

3. RESEARCH RESULTS AND DISCUSSION

Roads as one of the transport infrastructures are an important factor in promoting the development of the nation and national life, the unity and cohesion of the functions of nations, national territories and communities, and promoting the public interest. Traffic is the movement of vehicles and people in the road traffic space. A risk in road traffic is the occurrence of an accident due to negligence or negligence.

A traffic violation is required before an accident. The frequent

occurrence of traffic accidents that result in injuries and deaths is a serious problem

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related to the establishment of traffic order and order. In general, traffic accidents can be said to be caused by a combination of factors such as driver negligence, vehicle conditions, weather conditions, road environmental factors, and physical changes in road structures (technical aging). The increased use of road users, especially motor vehicles for various private or public purposes, can indirectly increase the frequency of traffic accidents.

Traffic accidents are increasing due to the rapid development of traffic engineering.

On the one hand, it has increased the range and extent of transportation, but on the other hand, it has become a very serious cause of death in recent decades.According to Law Number 22 of 2009 concerning Road Traffic and Transportation, in a general explanation it is explained that the meaning of a traffic accident is an unexpected and unintentional incident on the road

involving a vehicle with or without other road users resulting in human casualties and/or property loss. object.Traffic crime is one of the violations of the law on traffic, one of these violations can be in the form of traffic accidents which can harm people or themselves. According to Soerjono Soekanto that a traffic accident may occur where a motorized vehicle is involved on the road. It involves people, objects and hazards that may result in death, injury, damage or loss. In addition, traffic accidents may involve only motorized or non-motorized vehicles.

The reality that is often encountered everyday is that there are still many drivers who are not mentally ready, especially city bus public transportation drivers. They preceded each other without regard to the safety of themselves and passengers. Several traffic accidents that occurred could have been avoided if road users behaved in a disciplined, polite and respectful manner.Article 229 paragraph

(5) of Law Number 22 of 2009 Concerning

Road Traffic and Transportation explains that traffic accidents as referred to in

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paragraph (1) which classify accidents into minor, moderate and severe accidents (death) can be caused by negligence of Road Users, vehicle unworthiness, and Road and/or environment unworthiness.

An accident can be interpreted as an unplanned incident which can be caused by human factors, road factors, vehicle factors, environmental factors, or a combination of these things which can disrupt the work process and can cause injury or not, illness, death, damage.property or other unwanted events.According to Article 1 point 24 of Law Number 22 of 2009 concerning Road Traffic and Transportation, a traffic accident is an unexpected and unintentional event on a road involving a vehicle with or without other road users resulting in human casualties and/or property loss.

Proving the element of negligence in Article 310 of Law Number 22 of 2009

concerning Road Traffic and Transportation, proving the element of intention is the most difficult among the elements of the article contained in Article 311 of Law Number 22 of 2009 concerning Road Traffic and Transportation . Mistakes in the form of intentions that existed among the perpetrators of traffic accidents should also be understood from the actual event factors, that is, what factors led to the traffic accidents. Chronology of events and testimonies.

Article 312 Law No. 22 of 2009 on Road Traffic and Transportation:

If you are driving a motor vehicle involved in a traffic accident and do not intentionally stop the vehicle or provide assistance as defined in Article 231(1)(a) and report to the nearest Republic of Indonesia State Those who fail to report the traffic accident to the police, (b) and (b).

The above Article 312 of Law No.

22 Year 2009 on Road Traffic and

Transport refers to the duties and responsibilities of drivers in Article 231

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Paragraph 1 of Law No. 22 Year 2009 on Road Traffic and Transport. If you look closely at this article, it is not an act that causes death, as in the previous two articles, Articles 310 and 311 of Law No.

22 of 2009 on Road Traffic and Transportation. However, this article is included in articles classified as criminal offenses under Article 316(2) of Law No.

22 of 2009 on Road Traffic and Transportation. Negligence in criminal law is commonly referred to as negligence, negligence, or negligence. Article 359 of the Penal Code states:

The law does not define what negligence is. Only the explanatory memorandum states that negligence (negligence) is between intentional and accidental. In any case, the error was deemed milder than intended. Andi Hamzah said it is a criminal offense and a pseudo-crime (almost easy) until the sentence is commuted.

A road accident is an unexpected and unintentional occurrence involving a vehicle or other road user that can result in personal injury or property damage.

Traffic accidents can happen anytime, anywhere and are unpredictable. Traffic accidents can result in not only external injuries, injuries, minor injuries, serious injuries or residual disabilities, but also death. A traffic accident is an unforeseen, accidental event involving a vehicle, with or without other road users, that causes personal injury (minor, serious injury, and death) and property damage. Traffic accidents can be caused by a variety of factors, including human factors (road users), vehicle factors (facility), road factors (in front of facilities), environmental factors, and natural factors.

Among the above factors, the human factor (road users) is an important factor.

Weaknesses resulting from the above factors can be overcome by the driver being vigilant, obeying traffic rules

and paying attention to traffic signs.

Proper care and preparation of the vehicle by the driver or driver before exiting and

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driving the vehicle on heavy traffic or slippery roads reduces the likelihood of accidents. Under Section 310 of the LLAJ Act, if another person is injured or killed due to the negligence or negligence of the driver, it can be concluded that the penalties are very clear as stated in the article above . It cannot be denied that the accident rate is still high even now that the LLAJ Law has been enacted.

At least the traffic accident cases may reflect the public's lack of legal awareness of motorists. Many people still drive illegally and obey traffic signs. Considering murders committed against the will of the perpetrators, murders due to abuse, murders due to abuse, and the preciousness of human life that is difficult to measure in terms of money, an increase in the number of victims of accidents is something that all parties do not want. . by negligence or negligence. Involuntary

manslaughter, or manslaughter itself, is a crime committed by a person who had no intention of committing the crime. However, due to his carelessness, other people became victims. So, the driver is not categorized as intentional but included in the element of negligence.The person who caused the accident must be held accountable for his actions in the hope that the perpetrators will be deterrent and more careful. Being careful is not enough to avoid accidents, the condition factor is prioritized in driving a vehicle and also awareness of traffic laws must be obeyed accordingly.

A traffic accident according to Article 1 point 24 of the LLAJ Law is an incident on the road that is unexpected and unintentional involving a vehicle with or without other road users resulting in human

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casualties and/or loss of property.

based on the definition of a traffic accident, it identifies that a traffic accident is an unexpected and unintentional event, due to the presence of unexpected and unintentional elements, it can be interpreted as negligence (negligence - fault).Provisions regarding negligence or negligence that caused the death of the victim are regulated in the Criminal Code Second Book on Crime Chapter XXI Article 359, which reads as follows:

"Anyone who because of his negligence causes the death of another person, is punishable by imprisonment for a maximum of 5 (five) years or confinement for a maximum of 1 (one) year”.The elements of the formulation of Article 359 of the Criminal Code are:

1. Everyone

2. Whoever it is meant as a legal subject who has committed a crime, it must be established who is the perpetrator and who can be held accountable for his actions. In this case, the meaning of actionable legal entity depends on the state and mental capacity of the offender who committed the crime, interpreted in criminal law theory as a state of consciousness.

3. due to his negligence (negligence or negligence)

This element indicates that the victim's death was the result of the accused's (the person who committed it) unwanted behavior. 4. cause death This formulation becomes an absolute requirement of this crime, because in this element this element is considered the relationship between the act performed and the consequences caused, in order to negligently or

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negligently bring the life of another person.

4. CONCLUSION

In 2009 Road Traffic Act No. 22, Article 310, the penal code for fatal accidents caused by the negligence of the driver is stipulated as follows for accidents in which a person dies due to the negligence of the driver. . Imprisonment up to 6 years or fine up to Rp12,000,000 (12 million) rupiah. Determination of willful negligence in a criminal offense in the case of a traffic accident resulting in the death of an intentional component, under Article 311 of the Law 22 of 2009, i.e.

intentionally by endangering and endangering the safety of road users.

Driving a Motor Vehicle Road traffic and transportation is a criminal offense Deliberately operating a motor vehicle in a manner or condition that endangers life or property. As with driving a car, you must prove that you are driving properly. The

criminal responsibility for the traffic accident caused by the driver's negligence is that the offender is sentenced to her six months imprisonment, and the defendant, during the trial, violates what can exclude criminal responsibility, the grounds for forgiveness I couldn't find any justification for my actions.

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