PERDAMAIAN SEBAGAI DASAR PERTIMBANGAN PUTUSAN HAKIM DALAM PERKARA KECELAKAAN LALU LINTAS YANG BERKAITAN DENGAN PASAL 359 KUHP

Purba, Muhammad Endi Teguh Syahputra (2007) PERDAMAIAN SEBAGAI DASAR PERTIMBANGAN PUTUSAN HAKIM DALAM PERKARA KECELAKAAN LALU LINTAS YANG BERKAITAN DENGAN PASAL 359 KUHP. S1 thesis, UAJY.

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Abstract

The purpose of this research is to get data about peace agreement at traffic accident, especially in applying of particle 359 KUHP and to know how far the peace agreement influence consideration of judge in giving a setence. This research is empirical law research which focuses in behavior of law society (In action Law), the writer used primary data as main data, and secondary data as supporting data. This research is also focussed at problems of law that happened in one institution. The fact which found, in this case in the territory of PN Denpasar jurisdiction, Judge in the case of accident of traffic which related to section 359 KUHP is considering statement of peace agreement which made by perpetrator and victim family. Peace statement which was agreed between victim family and perpetrator nor vanishing the rights of claim or cancel asserted crime, this statement of peace agreement just only becoming materialization that perpetrator regret its deed and have the kindness to holding responsible of its deed, hence as according to concept of penalized to obliged a lessen or lighten perpetrator burden from feeling guilty. Therefore judge in judging the case of jurisdiction which related to section 359 KUHP accompanied with statement of peace agreement between perpetrator and victim family, should to considering the statement of peace agreement in judging the case. Is meant for both parties feel justice and avoiding problems later, when needed signing of the peace agreement conducted in front of trial by the parties. This is also meant to avoid manipulation of one of the parties, especially perpetrator side, because many practices where perpetrator ready to account a number of compassionate, but practically after inspection process and decision fall in justice the perpetrator only giving or obtain cash for some of its just promise, or not give what was have been agreed on. Equally, judge have to see its fact before judging the case.

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