PEMIDANAAN ANAK DALAM KECELAKAAN LALU LINTAS ( STUDI KASUS DI KABUPATEM BANYUANGI )

Abstract

Law Number 22 of 2009 concerning Road Traffic and Transportation aims to improve public welfare and ensure safety and smooth traffic flow. However, problems arise when minors are involved in traffic accidents that result in fatalities. Two cases in Banyuwangi have drawn attention: Okta, a student who hit a man while on his way to school, and Marstelysia Denasya, who was involved in an accident on February 16, 2023, on the Banyuwangi–Jember Highway. This study formulates two main questions: how is the process of handling minors in traffic violations that lead to death carried out, and what is the criminal responsibility of minors in such cases? The research method used is empirical, combining sociological, legislative, and phenomenological approaches. The study shows that both cases were not brought to court. The handling was based on Law Number 11 of 2012 concerning the Juvenile Criminal Justice System and Supreme Court Regulation Number 4 of 2014, emphasizing the principle of restorative justice. The resolution process was conducted transparently, accountably, and in an integrated manner, by bringing together the victim and the perpetrator in a forum to engage in dialogue and seek a mutual solution. This approach is considered more appropriate for dealing with legal violations committed by minors, while still taking into account legal and humanitarian aspects.