Kajian Tentang Kualifikasi Antara Korban dan Pelaku Dalam Kasus Kecelakaan Lalu Lintas

Suryanto, Tri Adhi (2014) Kajian Tentang Kualifikasi Antara Korban dan Pelaku Dalam Kasus Kecelakaan Lalu Lintas. Jurnal Ilmiah Ilmu Hukum. p1-18.

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Abstract

In the writing of this thesis, the author discusses the criteria used by the police in order to qualify the person as a perpetrator or victim in the case of traffic accidents. It is not backed by any clarity criteria that is used by the police to assign someone as perpetrators and/or as a victim in the case of traffic accidents. Sometimes in the setting of a person as the perpetrator and/or as a victim in the case of a traffic accident, the police’s judge tend to be unfair and inappropriate. Formulation of the problem in this research is: criteria that are used by the police to assign someone as a perpetrator or a victim in the case of traffic accidents. This method of approach in writing is a kind of normative legal research, i.e. research which focuses on legal norms that apply and use the data as the primary data, secondary and primary data as supporting. The source of the data in this study are obtained by means of field studies and the study of librarianship. Data obtained in research of libraries as well as in field research using qualitative analysis. Based on the analysis that has been done the author then will sum up as follows: the criteria used by the police in deciding a person as the perpetrator in the case of a traffic accident is an element of the offence and the elements of negligence or forgetfulness, either with or without consciousness. While the criteria is adopted by the police to determine person as victim in the case of injured or died traffic accidents.

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