PERTANGGUNGJAWABAN PIDANA PENGGANTI DALAM KECELAKAAN LALU LINTAS OLEH ANAK YANG MENGAKIBATKAN KEMATIAN: Suatu Analisis Perspektif Pembaharuan Hukum Pidana

• Main Authors: , Made Sugi Hartono, , Prof. Dr. Edward O.S. Hiariej
• Format: Theses and Dissertations NonPeerReviewed
• Published: [Yogyakarta] : Universitas Gadjah Mada 2014
• Subjects: ETD
• Online Access: https://repository.ugm.ac.id/128018/; http://etd.ugm.ac.id/index.php?mod=penelitian_detail&sub=PenelitianDetail&act=view&typ=html&buku_id=68344
• Institution: Universitas Gadjah Mada

This study aims to determine, analyze, examine and understand the concept of vicarious liability for the current and vicarious liability in the future related to the traffic accident that lead to death committed by a children. This is an attempt to formulate a proper concept of responsibility that creates problem-solving lead to justice and expediency. This is a normative study on the based of secondary data. Secondary data consists of primary legal materials, secondary legal materials and tertiary legal materials. In order to obtain comprehensive results, this study used three approaches. Those approaches are statute approach, conceptual approach and cases approach. Furthermore, collected data was processed qualitatively and descriptive-prescriptively analyzed. Vicarious liability concept is known in Indonesia's ius constitutum. However, such concepts are limited to command responsibility and corporate criminal liability. In order to reform the criminal law, criminal liability is set in RUU KUHP 2013. In RUU KUHP 2013 vicarious liability is possible as far as regulated strictly by statute. Vicarious liability actually has been recognized in Adat law and Islamic law. Related to political of criminal law on value oriented, formulation of concept of criminal liability should accommodate cultural and religious values that exist in Indonesia. Laws, those are formed based on the value contained in the society, will apply sociologically and resolve issues in a fair manner and useful to the society. Therefore, the concept of vicarious liability in a case of traffic accident that leads to death committed by child is relevant.