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This research analyzes Indonesian law regarding fatal traffic negligence and evaluates judicial reasoning in a specific court decision.

May 19, 2026Journal Social CivilecialOpen Access

Criminal Liability for Fatal Traffic Negligence Under Article 310(4) OF Indonesian Road Traffic Law: A Juridical Analysis OF Decision No. 75/Pid.Sus/2023/PN Mnd

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Juridical analysis of fatal traffic negligence laws shows inconsistencies in sentencing and victim justice.

This research analyzes Indonesian law regarding fatal traffic negligence and evaluates judicial reasoning in a specific court decision.
Normative juridical method
Statute and case approaches
Analysis of primary and secondary legal materials
Article 310 paragraph (4) serves as lex specialis for negligent driving resulting in death, superseding Article 359 of the Criminal Code.
Court found the defendant guilty based on evidence of intoxication and fatigue leading to a fatal accident.
Imposed two-year sentence raises concerns about proportionality and the impact on the victim's family.

Kelung et al. (2026) studied this question.

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