Disparity of Prisoning in Cases of Traffic Accidents that Cause the Death of Persons (Study of Decisions of the Mataram District Court in 2024)

Abstract

This study aims to determine the Disparity of Punishment in Traffic Accident Cases Resulting in the Death of people, as observed in the decisions of the Mataram District Court in 2024. This research uses normative research with a statutory approach, a conceptual approach, and a case approach. Data collection techniques are carried out by means of literature study and study of court decision documents. Disparities in judges' decisions in traffic accident cases that result in the death of people arise in the process of law enforcement in the criminal justice system. Decisions on traffic accident cases that resulted in the death of other people / resulted in traffic accidents with injured victims, and property damage, 58 decisions have been made by the Mataram District Court. Among them, 11 decisions occurred in 2024, and of the eleven decisions 8 traffic accidents resulted in the death of people, this is the focus of attention for researchers because in the 8 case decisions there has been a disparity in punishment, namely all of them are different in the provision of punishment even though in the same article of indictment. Has been proven guilty of legally violating Article 310 paragraph (4) of Law No. 22 of 2009, committing a similar criminal offense due to negligence in driving a motor vehicle, which resulted in the death of another person. The need for proportional consideration by judges in the judicial system before passing a verdict, based on the principle of justice, to ensure that both the perpetrator and the victim's family receive legal protection. The factors that contribute to the disparity in criminal decisions in traffic accident cases resulting in death are the first factor of the judge's discretion, the second factor of legislation, the third factor stemming from the nature of the crime, the fourth factor of public prosecutors, and the fifth factor of aggravating and mitigating circumstances. The impact of criminal disparity in similar cases will have an impact on legal uncertainty, injustice, and decreased public confidence in the institution of justice institutions.