CONCERNING ROAD TRAFFIC AND TRANSPORTATION TOWARDS PERPETRATORS OF ACCIDENTS RESULTING IN DEATH

Abstract

This study aims to analyze the implementation of Article 310 of Law Number 22 of 2009 concerning Traffic and Road Transportation regarding individuals involved in traffic accidents that result in fatalities on the Pekanbaru–Dumai Toll Road, within the jurisdiction of the Riau Regional Police. It further examines the obstacles encountered in its application and explores measures to optimize law enforcement in cases of fatal traffic accidents. The study employs a sociological legal perspective using a juridical-empirical approach, which involves examining statutory provisions and connecting them to the actual practice of law enforcement. The analysis indicates that Article 310, paragraph (4) of Law Number 22 of 2009 is the relevant provision for determining the criminal liability of a driver whose negligence leads to the death of another person. Its application requires proving the act of operating a motor vehicle, the element of negligence, the occurrence of a traffic accident, and a causal link between the negligence and the victim's death. Challenges in its implementation include difficulties in proving negligence, establishing causality, a scarcity of witnesses and technical evidence, and issues regarding inter-institutional coordination in accident handling. Law enforcement can be optimized by enhancing the competence of investigators, strengthening accident investigations, using technical and electronic evidence, improving coordination with toll road operators, and bolstering road safety education. Consequently, the implementation of Article 310, paragraph (4) must be carried out professionally, objectively, and based on valid evidence to ensure legal certainty, justice, and protection for both the victims and the parties involved in traffic accidents.