Penegakan Hukum Pidana Terhadap Pelanggaran Pasal 275 Ayat (1) Undang-Undang Nomor 22 Tahun 2009 Tentang Lalu Lintas Dan Angkutan Jalan

Hendrawan, Petrus Vitaka (2014) Penegakan Hukum Pidana Terhadap Pelanggaran Pasal 275 Ayat (1) Undang-Undang Nomor 22 Tahun 2009 Tentang Lalu Lintas Dan Angkutan Jalan. S1 thesis, UAJY.

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Abstract

Sometimes, we complaint that the right of pedestrian on the road is violated. As infrastructure for pedestrian, sidewalk is frequently unfunctionable and it causes the the people cannot walk properly. There are a lot of people conduct the research how worse the condition of the sidewalk that may cause accident. The result is unbelievable. In fact, there are a lot of pedestrians get accident because their right is violated. Law No 22 of 2009 concerning Public Traffic Light and Transportation actually provides legal protection. In the article 275 paragraph (1) clearly states that there is criminal sanction for anyone who causes trouble for the unusable of pedestrian’s facility. It belongs to misdemeanor. It is questionable about what kind of the law enforcement for the sidewalk problem, either it is the law enforcer, the enforcement approach, or the obstacle in the enforcement process. Some studies also mention that most of the trouble of sidewalk especially in the city area is caused by the street vendors. It is not a new thing because the media oftenly tells about the street vendor curbing. The economic sector in Yogyakarta, as a capital city, is dominated by informal sector. In reality there are a lot of vendors on the streer and it causes the trouble. In fact, the law enforcement conducted by civil cop (Public Control Agency) and police officer are altogether enforcing the criminal law through two approaches in the process. Firstly, preventive action which enforces the action to not cause the criminal act that ends with criminal sanction. Secondly, represive action which overcomes the misdemeanor through criminal justice system. In the latter, the curb covers the confiscation and continued by investigation to be processed for trial through speedy legal procedure mechanism.Fine sanction is frequently impose for such misdemeanor. The main problem of law enforcement of such action is that this problem is not merely a legal matter but also social and economic matter. The other obstacle is there are a lot of vendors do not understand and legally blind. Besides, there are only few civil cop (Public Control Agency) to settle this problem.

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