PERTANGGUNGJAWABAN PIDANA DAN SANKSI PIDANA ATAS KECELAKAAN YANG MENYEBABKAN MATINYA ORANG DI PERLINTASAN SEBIDANG REL KERETA API YANG TIDAK MEMILIKI PALANG
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Institusion
Universitas Muhammadiyah Palembang
Author
AANG PARAYOGA, 502016040
Subject
Hukum Pidana
Datestamp
2020-06-16 04:10:30
Abstract :
Train is defined as a means of transportation in the form of vehicles with the power of movement, either walking alone or coupled with other vehicles, which will or are moving on the rails. Therefore trains can only move / walk on appropriate railroad tracks / networks with its designation, this has become its superiority because it is not interrupted with other traffic, but on the other hand it makes trains to be inflexible transportation because the network is limited. At the crossing a railway line has a controversial problem. On one side, the community needs shorter road access. However, on the other hand, the crossing is also a source of disaster. To find out how criminal liability is for an accident that caused the death of a person at a level crossing railroad tracks that do not have bars, and what criminal sanctions are against the perpetrators a criminal offense that causes the death of a person at a railroad crossing trains that do not have bars. Based on the results of research can be understood if proven indeed actually made a mistake that resulted in an accident and causing casualties, PT. KAI can be responsible for the incident in case of a traffic accident at a railroad crossing, as long as a third party can prove wrong with a valid and complete proof. And the driver criminal liability can be held if there is a good mistake intentional or negligent. Criminal sanctions against perpetrators of a criminal offense cause the death of people at the level crossing of railroad tracks that are not has a bar that is basically compensation and insuring for losses and may also be subject to imprisonment. Special regulations are needed which strictly regulates criminal provisions concerning railroad accidents at this level crossing so that the balance between the interests of protection law against PT. KAI as the organizer of railways and facilities legal protection for the community can be balanced. For sanctions criminal liability for criminal liability in an accident crossed a railway line should renew Law Number 23 2007 and regulations relating to railways to be more on emphasized again and the government made its own criminal sanctions against accidents which occurs at the level crossing preformance protecting the legal interests the community and railroad interests organized by PT. KAI Keywords: criminal liability, criminal sanctions, accidents, death people, crossing a piece of railroad track that has no bar
Train is defined as a means of transportation in the form of vehicles with the power of movement, either walking alone or coupled with other vehicles, which will or are moving on the rails. Therefore trains can only move / walk on appropriate railroad tracks / networks with its designation, this has become its superiority because it is not interrupted with other traffic, but on the other hand it makes trains to be inflexible transportation because the network is limited. At the crossing a railway line has a controversial problem. On one side, the community needs shorter road access. However, on the other hand, the crossing is also a source of disaster. To find out how criminal liability is for an accident that caused the death of a person at a level crossing railroad tracks that do not have bars, and what criminal sanctions are against the perpetrators a criminal offense that causes the death of a person at a railroad crossing trains that do not have bars. Based on the results of research can be understood if proven indeed actually made a mistake that resulted in an accident and causing casualties, PT. KAI can be responsible for the incident in case of a traffic accident at a railroad crossing, as long as a third party can prove wrong with a valid and complete proof. And the driver criminal liability can be held if there is a good mistake intentional or negligent. Criminal sanctions against perpetrators of a criminal offense cause the death of people at the level crossing of railroad tracks that are not has a bar that is basically compensation and insuring for losses and may also be subject to imprisonment. Special regulations are needed which strictly regulates criminal provisions concerning railroad accidents at this level crossing so that the balance between the interests of protection law against PT. KAI as the organizer of railways and facilities legal protection for the community can be balanced. For sanctions criminal liability for criminal liability in an accident crossed a railway line should renew Law Number 23 2007 and regulations relating to railways to be more on emphasized again and the government made its own criminal sanctions against accidents which occurs at the level crossing preformance protecting the legal interests the community and railroad interests organized by PT. KAI Keywords: criminal liability, criminal sanctions, accidents, death people, crossing a piece of railroad track that has no bar
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