Criminal Liability of Perpetrators of Traffic Accidents Resulting in Fatalities Within the Indonesian Criminal Justice System (A Study at Polrestabes Medan)

Authors

  • Pratiwi Mandasari Universitas Pembangunan Panca Budi
  • Henry Aspan Universitas Pembangunan Panca Budi
  • T. Riza Zarzani Universitas Pembangunan Panca Budi

Abstract

Traffic accidents resulting in fatalities remain one of the most serious legal and social issues in Indonesia. The increasing number of motor vehicle users, weak public legal awareness, and inconsistent law enforcement have contributed to the high mortality rate caused by road traffic accidents. This study aims to analyze criminal liability for perpetrators of traffic accidents causing death within the Indonesian criminal justice system and to examine the implementation of law enforcement by the Medan City Police Department (Polrestabes Medan). This research employs normative juridical methods supported by conceptual, statutory, and case approaches. Legal materials were obtained from legislation, court decisions, scientific journals, books, and relevant legal doctrines. The findings indicate that criminal liability for fatal traffic accidents is not solely based on the existence of negligence, but also influenced by evidentiary mechanisms, investigative discretion, restorative justice practices, and the legal culture of society. In practice, law enforcement at Polrestabes Medan still encounters several obstacles, including limited evidence, the tendency toward informal settlements, and difficulties in proving criminal negligence. The study further reveals that the implementation of restorative justice in traffic accident cases requires clearer limitations to ensure legal certainty and justice for victims’ families. Therefore, strengthening legal substance, improving law enforcement professionalism, and enhancing public legal awareness are essential to establish a more accountable and humane criminal justice system in traffic accident cases.

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Published

2026-03-01

How to Cite

Mandasari, P., Aspan, H., & Zarzani, T. R. (2026). Criminal Liability of Perpetrators of Traffic Accidents Resulting in Fatalities Within the Indonesian Criminal Justice System (A Study at Polrestabes Medan) . International Conference Epicentrum of Economic Global Framework, 702–712. Retrieved from https://proceeding.pancabudi.ac.id/index.php/ICEEGLOF/article/view/1648

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