scholarly journals Kebijakan Hukum dalam Upaya Penanggulangan Tindak Pidana Kecelakaan Lalu Lintas yang Mengakibatkan Matinya Korban

2021 ◽  
Vol 4 (2) ◽  
pp. 1234-1245
Author(s):  
Dahnial Saragih ◽  
Taufik Siregar ◽  
Rizkan Zulyadi
Keyword(s):  
Government Regulation ◽  
Traffic Accidents ◽  
Road Traffic ◽  
Descriptive Analysis ◽  
Criminal Code ◽  
Transportation Safety ◽  
Road Transportation ◽  
Library Research ◽  
The Law ◽  
Legal Policies

Traffic problems are one of the problems on a national scale that develop in tune with the development of society. The problem faced today is the high number of traffic accidents on the highway. This study aims to determine the accountability and legal policies in an effort to overcome the perpetrators of traffic accidents that resulted in the death of the victim at the Humbang Hasundutan Police Traffic Unit. The research method used is normative or doctrinal juridical legal research as library research or document study, which has descriptive analysis. The results of the study indicate that the law against perpetrators of traffic accidents resulting in the death of the victim is regulated in Article 359 of the Criminal Code, Article 106 paragraph (2), Article 229, Article 310 paragraphs 1 to 4 and Article 312 of the Law. No. 22 of 2009 concerning Road Traffic and Transportation and Government Regulation Number 37 of 2017 concerning Traffic and Road Transportation Safety. Legal policy in an effort to overcome the crime of traffic accidents that resulted in the death of the victim at the Humbang Hasundutan Sat.Lantas Police carried out penal and non-penal where accountability is carried out by applying imprisonment as regulated in Article 310 paragraph (4) of Law no. 22 of 2009 concerning Road Traffic and Transportation.

PENGANGKUTAN ONLINE DITINJAU DARI UNDANG-UNDANG NOMOR 22 TAHUN 2009

2020 ◽  
Vol 3 (2) ◽  
Author(s):  
NUR HANDAYATI ◽  
GALUH LINTANG TASLIM ◽  
SATYAGRAHA SURYAAGUST
Keyword(s):  
Government Regulation ◽  
Road Traffic ◽  
Descriptive Analysis ◽  
Motor Vehicles ◽  
Road Transportation ◽  
Conceptual Approach ◽  
Transportation Service ◽  
Safety Protection ◽  
Qualitative Descriptive ◽  
The Government

Online transportation is a transportation service that utilizes technological advancements, whose aim is to facilitate all human activities that are carried out daily. The problem that will be discussed in this research is the arrangement of online transportation in terms of Law No. 22 of 2009 concerning Road Traffic and Transportation. This normative law research uses a conceptual approach and a statue approach with qualitative descriptive analysis. Research Results, Law No. 22 of 2009 concerning LLAJ has not yet regulated online-based transportation, however, the safety, security and comfort requirements in UULLAJ are still being observed and the government has issued regulations that can become legal umbrella for the implementation of online-based transportation, namely: Government Regulation No. 74 of 2014 concerning Road Transportation; Minister of Transportation Regulation No. 32 of 2016 concerning the Implementation of Transportation of People with Public Motor Vehicles Not in Route revised to Permenhub No. 108 of 2017; Permenhub No. 118 of 2018 concerning the Implementation of Rental Vehicles; Permenhub No. 12 of 2019 concerning Safety Protection of Motorcycle Users Used for the Interest of the Community.Keywords : Arrangement, Transportation, Online, Law

scholarly journals CRIMINAL LIABILITY OF ROAD ORGANIZERS IN THE PERSPECTIVE OF LAW NUMBER 22 YEAR 2009 CONCERNING TRAFFIC AND ROAD TRANSPORTATION

2020 ◽  
Vol 3 (2) ◽  
pp. 102-112
Author(s):  
Andi Najemi ◽  
Kabib Nawawi
Keyword(s):  
Government Regulation ◽  
Criminal Responsibility ◽  
Road Traffic ◽  
Criminal Liability ◽  
Strict Liability ◽  
Road Transport ◽  
Road Transportation ◽  
Legal Subject ◽  
The Road ◽  
The Law

The specific goal of this research is to know and analyze the provisions of norms or legal norms relating to the criminal liability of road organizers from the dogmatic aspects of the law and legal principles. Since there is a norm vacuum of Law Number 22 Year 2009 concerning Traffic and Road Transportation, if the road organizer does not exercise its authority, it will result in a criminal offense then this law cannot be implemented or impaired. The statement of the problem in this research is how criminal liability of the Road Organizers and Road Transportation according to Law Number 22 Year 2009 concerning Traffic and Road Transportation. This research is normative. The data were obtained by a detailed analysis of legal materials, primary, secondary and tertiary law. The specification of this research is the pure legal research to get a picture of one problem, namely about the criminal responsibility of the road organizer from the perspective of Law Number 22 Year 2009, concerning Traffic and Road Transportation.   Through the legislative approach (normative approach), which is the approach to the applicable laws and regulations to obtain a basis for discussing issues related to traffic and road transport crimes, including legislation Law Number 22 Year 2009, concerning Road Traffic and Transport Law Number 38 of 2004, Concerning Roads, Government Regulation Number 43 of 1993 concerning Road Infrastructure and Traffic. The results of the study indicate that there is a blurring of norms in Law Number 22 Year 2009, especially regarding the concept of road organizers as regulated in Article 24 and Article 273. as a result, the article cannot be operational. So that criminal liability for road organizers if they make a mistake on the formulas of article 24 and article 273 is difficult to account for. Although the organizer of the road as a legal subject if making a mistake should be responsible and can be held responsible based on the theory of strict liability and vicarious liability. The conclusion is that Law No. 22/2009 concerning Road Traffic and Transport does not regulate the concept of road organizers so that if a road organizer makes a mistake as regulated in Article 24 and Article 273 it is difficult to be accounted for, thus ensuring that there is a blurring of norms in The law and unworking.

ANALISIS HUKUM PIDANA DENDA PELANGGARAN LALU LINTAS DI KOTA BENGKULU (DITINJAU DARI UNDANG-UNDANG NOMOR 22 TAHUN 2009 TENTANG LALU LINTAS DAN ANGKUTAN JALAN)

2019 ◽  
Vol 2 (1) ◽  
pp. 24-33
Author(s):  
Apen Diansyah
Keyword(s):  
Death Penalty ◽  
Criminal Law ◽  
Secondary Data ◽  
Criminal Code ◽  
Primary Data ◽  
Economic Factors ◽  
Inhibiting Factors ◽  
Library Research ◽  
The Law ◽  
The City

ABSTRAKPenelitian ini ditujukan untuk mengetahui penerapan denda terhadap pelanggar berlalu lintas di kota Bengkulu ditinjau dari Undang-undang Nomor 22 Tahun 2009, serta untuk mengetahui faktor penghambat dalam penerapan pidana denda terhadap pelanggar barlalu lintas di Kota Bengkulu. Penelitian dilaksanakan disatuan lalu lintas Polres dan Polda Kota Bengkulu. Adapun data yang didapatkan adalah data primer dan data sekunder melalui penelitian lapangan dan penelitian kepustakaan, kemudian data dianalisis dengan cara deskriptif. Peraturan yang tertera pada undang-undang yang tertera sepenuhnya untuk meningkatkan kesadaran untuk setiap pelanggar yang melakukan pelanggaran, tetapi pada kota Bengkulu undang-undang tersebut tidak sepenuhnya berjalan efektif. Menurut pandangan Undang-undang 22 Tahun 2009, penerapan pidana denda masuk dalam kategori pidana pokok (sesuai Pasal 10 KUHP) sebagai urutan terakhir atau keempat, sesudah pidana mati, pidana penjara dan pidana kurungan. Selain dari itu, faktor penghambat keefektifan Undang-undang seperti faktor ekonomi, faktor kedekatan emosional dan faktor kekebalan institusional.Kata kunci: tindak pidana; hukum pidana; dendaABSTRACTThis study aims to determine the application of violators from cities in Bengkulu in terms of Law Number 22 of 2009, and to find out the inhibiting factors in the application of fines to traffic violators in the city of Bengkulu. The research was carried out in the traffic city of the City Police of the City of Bengkulu. The data obtained are primary data and secondary data used for library research and research, then the data are analyzed descriptively. The regulations stated in the law that are fully stated to increase awareness for every offender who commits an offense, but in the city of Bengkulu the law is not fully effective. According to the view of Law 22 of 2009, the application of criminal fines falls into the main criminal category (according to Article 10 of the Criminal Code) as the last or fourth order, after the death penalty, imprisonment and imprisonment. Apart from that, factors inhibiting the effectiveness of the law such as economic factors, emotional proximity factors and institutional immune factors.Keywords: crime; criminal law; fines

scholarly journals Road Transport Accidents in Nigeria and the Role of Automotive Active Safety System

2016 ◽  
Vol 11 (1) ◽  
pp. 49-54
Author(s):  
Olasunkanmi Oriola Akinyemi ◽  
Hezekiah O Adeyemi ◽  
Olusegun Jinadu
Keyword(s):  
Traffic Safety ◽  
Traffic Accidents ◽  
Road Traffic ◽  
Transportation Network ◽  
Road Transport ◽  
Road Accident ◽  
Active Safety ◽  
Road Accidents ◽  
Road Transportation ◽  
Road Traffic Safety

Abstract Analysis of road traffic accidents revealed that most accidents are as a result of drivers’ errors. Over the years, active safety systems (ASS) were devised in vehicle to reduce the high level of road accidents, caused by human errors, leading to death and injuries. This study however evaluated the impacts of ASS inclusions into vehicles in Nigeria road transportation network. The objectives was to measure how ASS contributed to making driving safer and enhanced transport safety. Road accident data were collected, for a period of eleven years, from Lagos State Ministry of Economic Planning and Budget, Central Office of Statistics. Quantitative analysis of the retrospective accident was conducted by computing the proportion of yearly number of vehicles involved in road accident to the total number of vehicles for each year. Results of the analysis showed that the proportion of vehicles involved in road accidents decreased from 16 in 1996 to 0.89 in 2006, the injured persons reduced from 15.58 in 1998 to 0.3 in 2006 and the death rate diminished from 4.45 in 1998 to 0.1 in 2006. These represented 94.4 %, 95 % and 95 % improvement respectively on road traffic safety. It can therefore be concluded that the inclusions of ASS into design of modern vehicles had improved road safety in Nigeria automotive industry.

scholarly journals Application Of Act No. 22 Of 2009 As A Traffic Accidents Countermeasures Management In The Blora Police Law Area

2020 ◽  
Vol 3 (2) ◽  
pp. 259
Author(s):  
Preliyanto Puji Utomo ◽  
Bambang Tri Bawono
Keyword(s):  
Traffic Accidents ◽  
Road Traffic ◽  
Public Awareness ◽  
Secondary Data ◽  
Field Studies ◽  
Warning Signs ◽  
Primary Data ◽  
Road Transportation ◽  
Library Studies ◽  
Accident Rates

The problems discussed in this study are efforts to tackle traffic accidents by law enforcers in the Blora Police Law Area and the application of Act No. 22 Of 2009 On Road Traffic and Transportation to accident rates in the Blora Police Law Area. The approach method used is sociological juridical, descriptive analytical research specifications. The data used are primary data and secondary data. Data collection methods are field studies and library studies. The data analysis method uses qualitative analysis. As a knife analysis, crime prevention theory and law enforcement theory are used. The results of the research show that the handling of traffic accidents by law enforcers in the Blora Police Law Area is carried out through preventive and repressive measures. Preventive efforts are carried out through routine patrol activities, zebra operations, counseling at schools and in the community and installing biilboard warning signs in accident-prone areas. The repressive effort is carried out through a series of investigative actions against traffic accidents which are guided by applicable laws and regulations. The application of Act No. 22 Of 2009 On Traffic and Road Transportation towards accident rates in the Blora Police Law Area is not optimal. The accident rate is still relatively high from year to year despite various efforts have been carried out. This is due to the lack of public awareness and legal culture of the community which does not support the programs implemented by the Blora Police Law Area in reducing the level of traffic accidents.Keywords: Implementation; Countermeasures; Traffic Accidents.

scholarly journals Effects of Improved Traffic Management on Sustainable Distributed Road Transportation Safety Based on Asian Experiences

2010 ◽  
Vol 14-15 (1) ◽  
pp. 321-332
Author(s):  
Irfan Ullah ◽  
Janusz Szpytko
Keyword(s):  
Traffic Safety ◽  
Traffic Engineering ◽  
Road Safety ◽  
Traffic Management ◽  
Road Traffic ◽  
Action Plan ◽  
Monitoring And Evaluation ◽  
Transportation Safety ◽  
Data Systems ◽  
Road Transportation

Effects of Improved Traffic Management on Sustainable Distributed Road Transportation Safety Based on Asian Experiences Knowledge of the improved traffic management and its effect on road safety is an important component in the process of sustainable road network development. Having in mind that so many road traffic casualties occur, a key priority in transport policy is making highways as safe as possible. The mentioned objective is attained by means of sustainable safety. The paper focuses on sustainable road safety and his principles, based on selected Asian countries experiences. The knowledge base covers institutional responsibility of road safety, the development of a road safety action plan, raising awareness and understanding of road safety problems, road crash data systems, road safety education and training, traffic safety legislation, enforcement of traffic laws and monitoring and evaluation of the effectiveness of road safety activities. In order to improve road transportation safety an organized sustainable approach is needed via concentrated action of all of participants in the process of realizing the transport service such as: governments at all levels, those who are professionally engaged in transport and traffic engineering and road users themselves.

scholarly journals PENGGUNAAN KATA TABU DI MEDIA SOSIAL: KAJIAN LINGUISTIK FORENSIK

2019 ◽  
Vol 20 (2) ◽  
pp. 120
Author(s):  
Nadhifa Indana Zulfa Rahman
Keyword(s):  
Social Media ◽  
Government Regulation ◽  
Criminal Code ◽  
Media Communication ◽  
Taboo Words ◽  
The Law ◽  
The Republic ◽  
The Government ◽  
Active Communication ◽  
Equivalent Method

The freedom in social media communication have not been responded wisely by the citizen of the net (netizen). Sometimes while expressing themselves in the social media, netizens used the taboo words which potentially break the law. The problems chosen in this research is a type of taboo words used by the netizen and also whether these expressed words have a potential to violate the law. The method to collect the data is “Simak bebas libat cakap“(SBLC), it is a method where there is no active communication between interviewer and interviewee but it is only taken the data from internet, then to transcribe the taken data. The following step is analyzing data which used referential equivalent method, then the results of the analysis were presented informally. The findings showed that taboo words used in social media consisted of: (1) obscene words, (2) vulgar language, and (3) nick name and insult. These taboo words potentially violate the government regulation of the Republic Indonesia number 11 of 2008 concerning electronic information and transactions article 27 paragraph (3) and article 45 paragraph (1) as well as article 310 section (1) and article 311 section (1) of the Indonesian Criminal Code concerning defamation. Therefore, netizens must be careful in the way how communicate. Criminal Code, defamation, forensic linguistics, ITE Law, netizen, social media, taboo 

ANALYSIS POLICE EFFORTS IN CLEAR HER NAME DUE TO FALSE ARREST ACCORDING TO ARTICLE 1, ITEM 23 ABOUT REHABILITATION ARREST CRIMINAL CODE

2015 ◽  
Vol 1 (2) ◽  
pp. 93-110
Author(s):  
Dadang Suprijatna
Keyword(s):  
Justice System ◽  
Descriptive Analysis ◽  
Criminal Procedure ◽  
Criminal Code ◽  
Integral Approach ◽  
Criminal Offense ◽  
Penal Policy ◽  
The Law ◽  
The Right ◽  
Sense Of Justice

ABSTRACTPositions wrongly in Indonesia's criminal justice system was relatively less attention, and yet provide direct protection against the victim. Criminal law policy for the protection of victims of wrongful arrest of a criminal offense, used with an integral approach and balance between penal policies (penal policy) and non penal policy (non penal policy) in order to achieve the welfare of the community.  The method used in this research is a normative legal research methods descriptive analysis, which is intended to provide data as possible about a situation. In this case the intended data is data that can be used as research material, which is used to determine the various statutory provisions governing the authority of the police in restoring the good name of victims of wrongful arrests.  Rehabilitation described in Article 97 paragraph (1) as follows: "a right to obtain rehabilitation if the court acquitted or freed from all lawsuits whose decision has had permanent legal force."The consequences of the law in the case of wrongful arrests should not only for the victims be wrongly alone but ought to fulfill a sense of justice in society should also have the responsibility of police investigators alone. Legal responsibilities of law enforcement in this case that should be able to apply Article 1, point 23 of the Code of Criminal Procedure mentioned rights wrongly rehabilitation.  The conclusion of this study Accountability police investigators in arresting the suspect one of them is doing the rehabilitation of suspects, where rehabilitation is continued provision of compensation. If damages are set in the two chapters, rehabilitation arranged in one article only, namely Article 97 of the Criminal Procedure Code. Thus still expected to implementing regulations. Rehabilitation is the right person to get redress in capabilities, position and dignity and dignity given to the level of investigation, prosecution, or trial since been arrested, detained, charged, or prosecuted without reason that by law or by reason of a mistake as to the person or the law is applied.  Keywords: Clear Her, Name, False Arrest

scholarly journals (A70) Traumatic Brain Injuries at a Rural Teaching Hospital: Pattern of Presentation and Documentation

2011 ◽  
Vol 26 (S1) ◽  
pp. s19-s20
Author(s):  
A. Agrawal ◽  
A. Kakani ◽  
N. Baisakhiya ◽  
S. Galwankar ◽  
S. Dwivedi
Keyword(s):  
Traffic Accidents ◽  
Brain Injuries ◽  
Developmental Stages ◽  
Road Traffic ◽  
Descriptive Analysis ◽  
Tertiary Hospital ◽  
Traumatic Brain Injuries ◽  
Published Data ◽  
The Road ◽  
Paper Form

Background and ObjectivesAnalyses of causes and trends of traumatic brain injuries help to define public health policy priorities. There are not much TBI registries, thus making documentation of injuries inadequate and accessing these data problematic. This study is aimed at identifying the characteristics of TBI and determining the efficiency of documentation of patients' records in a tertiary hospital.Patients and MethodsBased on WHO guidelines “Standards for Surveillance of Neurotrauma” we designed a proforma to collect data on traumatic brain injuries. A prospective data collection was done from January to June 2010. Data was collected on a paper form and then entered into the self-developed TBI registry database. Descriptive analysis was performed.ResultsData for a total 414 patients were collected. Mean age was 33.00 years (SD ± 16.725, range 1–85 years), and 81% male. Most of the accidents took place on highways (57.2%), commonest being the road traffic accidents (55.1%), brought by relatives (74%). The mean duration for hospital stay was 5.42 days (SD ± 8.312 days, range 1-79 days). 10% patients required resuscitation at the time of admission. Details of Glasgow coma scale were available; details regarding CT scan findings were available for 300 patients. Good recovery was seen in 68.4% and the mortality was in 7.2%. Further details on vital parameters and investigations included in the study were also collected.ConclusionsTBI related research in many developing countries is in the developmental stages with relatively few published data. Although early analysis of a TBI data can lead to useful information, there is further need for the development of a user-friendly secure web-based database system to continuously maintain and analyze the registry.

scholarly journals Delivery of First Aid to Victims in Road Transportation Accidents

2020 ◽  
Vol 9 (3) ◽  
pp. 417-421
Author(s):  
A. V. Baranov
Keyword(s):  
Traffic Accidents ◽  
Road Traffic ◽  
Human Life ◽  
First Aid ◽  
The State ◽  
Road Traffic Accidents ◽  
Road Accidents ◽  
Road Transportation ◽  
Scientific Publications ◽  
Road Traffic Injuries

Relevance. Most of the victims of road accidents die prior to the arrival of medical staff, therefore, providing first aid to injured people in the first minutes after receiving injuries is very important for saving human life and health. Timely and skillful provision of first aid to victims of road accidents prevents further deterioration of the state of the human body and can positively affect the entire process of its further treatment and rehabilitation.Aim of study. To characterize the delivery of first aid to victims of road traffic accidents at the present stage and to outline possible ways for its improvement.Material and methods. To achieve this goal, an analysis was made of the results of domestic and foreign scientific research and regulatory legal acts on the issue of providing first aid to victims of road accidents. The literature search was carried out in specialized scientific search engines eLibrary, PubMed, Scopus using the keywords: first aid, prehospital stage, road traffic injuries, road traffic accidents. For the analysis, scientific articles published between 1980 and 2020 were selected. Resources with outdated or inaccurate information were excluded, some scientific papers were found by links to articles. The state of the problem of providing first aid to victims of road traffic injuries, for the most part, reflects scientific publications over the past ten years.

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