Juridical Analysis Of The Imposition Of Criminal Sanctions Against Perpetrators Of Traffic Accidents Resulting In Death A Study Of Decision Number 10/Pid/2018/Pt Kpg

Abstract

A traffic accident resulting in the death of another person constitutes a negligence offence punishable by a maximum of six years of imprisonment under Article 310 paragraph (4) of Law Number 22 of 2009. This study examines the legal basis for sentencing perpetrators of such offences, the judicial considerations in Decision Number 10/PID/2018/PT KPG and the proportionality of the sentence imposed. The method employed is normative juridical research using statutory and case approaches through library research. The findings indicate that since the entry into force of Law Number 1 of 2023 and Law Number 20 of 2025, the restorative justice mechanism is no longer available for fatal traffic accident cases because Article 80 paragraph (1) letter a and Article 82 letter f exclude offences punishable by five years or more and offences against human life. Reconciliation therefore functions only as a mitigating circumstance and not as a ground for terminating the case. The judicial reasoning in the decision under review relies on reconciliation, the sincerity of the victim's family, the defendant's social status and the absence of recidivism, yet it neither elaborates the degree of the defendant's fault nor incorporates loss recovery into the operative part of the judgment. The suspended sentence of ten months amounts to only 13.9% of the statutory maximum and was never served, rendering it excessively lenient and potentially weakening the protective function of the law over human life.