ANALISIS PENYELESAIAN PERKARA KECELAKAAN LALU LINTAS DENGAN PELAKU DIBAWAH UMUR TERHADAP UNDANG – UNDANG NOMOR 22 TAHUN 2009 TENTANG LALU LINTAS DAN ANGKUTAN JALAN JUNCTO UNDANG – UNDANG NOMOR 11 TAHUN 2012 TENTANG SISTEM PERADILAN PIDANA ANAK

Abstract

Traffic accident is the most unwanted thing to happen to any road user. With each year, traffic accident often happens and involved underage child as driver of the vehicle. Underage driving might lead to fatal consequences, such as the serious injuries or even death casualities. In Indonesia, it is stipulated in Article 235 paragraph (1) letter C of Act No. 22 Year 2009 concerning Traffic and Road Transportation. Moreover, discussing about the criminal sanctions is furtherly explained in Article 310 paragraph (4) of Act No. 22/2009. This thesis aims to understand the rules of law concerning traffic accident which involved underage driver as the perpetrator under Act No. 22/2009 juncto Act No. 11 Year 2012 regarding Juvenile Justice System. The type of research used in this thesis is Normative Dogmatic Juridical with Statute Approach, Conceptual Approach, and Case Approach. The result shows that in this case, M’s illegal underage driving caused the death of K. Thus, M and his family are obliged to give compensation to the K’s family as stipulated in Article 235 paragraph (1) of Act No. 22 Year 2009 throughout Juvenile Justice System as the case procedur. Furthermore, the Diversion case is stipulated in Article 5 paragraph (3) of Act No. 11 Year 2012 regarding Juvenile Justice System