Criminal Liability of Traffic Accident Perpetrators from the Perspective of Law No. 1 of 2023

Abstrak

Traffic accidents in Indonesia are on the rise, making it challenging to determine criminal liability for perpetrators, especially with the enactment of Law No. 1 of 2023 on the Criminal Code (KUHP 2023), which is scheduled to take effect in 2026. The objective of this study is to examine how criminal liability for perpetrators of traffic accidents is addressed from the perspective of KUHP 2023, with a focus on the elements involved in determining criminal liability. The research method employed is normative legal research, utilizing a legislative and conceptual approach, which involves primary legal materials, including the 2023 Criminal Code and its implementing regulations, as well as secondary legal materials, such as literature and scientific journals. The results of the study indicate that the 2023 Criminal Code brings about a significant paradigm shift in the handling of traffic accident cases through a restorative justice approach that places greater emphasis on compensating victims for their losses. The 2023 Criminal Code upholds the principle of no crime without fault by distinguishing between degrees of negligence (culpa lata and culpa levis) in determining the criminal liability of traffic accident perpetrators. Regarding its impact, the 2023 Criminal Code comprehensively regulates a number of categories of traffic accidents, with proportional penalties ranging from those resulting in property damage, minor injuries, serious injuries, to death. The 2023 Criminal Code also expands the scope of corporate criminal liability in traffic accidents and broadens the definition of negligence in driving. This study concludes that the 2023 Criminal Code provides a fairer, proportional, and comprehensive legal framework for addressing criminal liability in traffic accidents compared to the previous Criminal Code, by integrating a restorative justice approach and recognizing various levels of negligence in driving. However, the implementation of the 2023 Criminal Code requires a deep understanding by law enforcement officials of the paradigm shift in criminal law, the concept of negligence gradation, and the restorative justice approach in handling traffic accident cases.