PENJATUHAN PERKARA DENDA TERHADAP PELAKU PELANGGARAN LALU LINTAS DI KOTA YOGYAKARTA

SUWARDJONO, IGNATIUS MOELIADI GUNTUR (2010) PENJATUHAN PERKARA DENDA TERHADAP PELAKU PELANGGARAN LALU LINTAS DI KOTA YOGYAKARTA. S1 thesis, UAJY.

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Abstract

The implemention of legal sentence towards fine punishment in particulary the user of motorized vehicle that conduct traffic violation in Yogyakarta Municipality. The principle of fairness and law can be had by the legal expert or ordinary people which means inside the life associaction society will always be connected in a problem of fairness and law. Criminal law case is mostly discussed and become the focus either in theory or in practice, and even more there has been an effort to compile the national criminal code that intends to overwhelm the weakness and shortage in the valid criminal code nowadays. The traffic is established to protect the nessesties of road users in conducting transportation, however in fact there are still many traffic violation, i, e. violation and disobedience still happens in every quarter. The sentence, decision, includes the tender sanction has not also show legal cerntainty. The violation often conducted by traffic police, one of them is during conducting inspection of motorized vecihle on the street, traffic police direcly decide the charge sentence to the road user who conducts traffic violation . In fact in field, there often happens the inspection of motorized on street, where in the inpection site of motorized vehicle is conducted. In addition the cash as charge sentenceis is directly given to the traffic police at the site of invesgation of motorized vehicle being conducted. The aforementioned above problem background can be taken problem formulation as follow: whether the judge’s consideration in determining the amount of charge in traffic violation case. The purpose of research was to find out what is the basic of judge’s decision in determining the amont of charge in traffic case and gain data to analyze in the effort to respond to the legal problem. The method of research used was normative method by studying the valid positive law. The judge’s consideration in sentencing criminal charge on traffic violation case is based on the law, truth, and risk he will face. The author suggests advince in the case traffic violition, the legal enforcer apparatus in deciding a traffic violtion case should be objective and have to based on legal consideration that give fairness to the society which suffer by traffic violiation, thus it will not bring any burden to the society.

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