Khansa, Muhammad Binar Kumara Rafi and , Hartanto, S.H., M.Hum. (2025) Tinjauan Yuridis Pertanggungjawaban Hukum Terhadap Kecelakaan Lalu Lintas Yang Dilakukan Anak. Skripsi thesis, Universitas Muhammadiyah Surakarta.
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Abstract
The purpose of the research with the title of juridical review of legal liability for traffic accidents committed by minors, is to analyze the liability of minors who have accidents. Furthermore, it explains the factors that affect the liability of minors who have accidents, as well as explaining the legal liability of minors in traffic accidents according to the perspective of Islamic law. This research method includes the type of approach used by the author is normative, this normative approach is an approach that is carried out based on a conceptual and legal approach, a case approach, the main book material examines theoretical legal concepts, views related to legal principles and legal doctrines. The results of this study are that liability due to negligence is punishable by imprisonment for a maximum of 5 years and/or a maximum fine of Rp10,000,000.00; due to drunkenness is a maximum of 1 year in prison and/or a maximum fine of Rp1,000,000.00; carelessness, imprisonment for a maximum of 5 years and/or a maximum fine of Rp10,000,000.00; negligence causing death, punishable by imprisonment for a maximum of 6 years and/or a fine of up to Rp12,000,000.00. The factors that affect the legal liability of minors in traffic accidents are: 1) driver negligence, 2) the influence of alcohol, 3) the age of the child, and 4) a legal approach that prioritizes rehabilitation and coaching. The legal process must prioritize a fair approach and in accordance with the principles of child protection, giving ABH the opportunity to improve himself and prevent similar incidents in the future. In the perspective of Islamic law, Children in Conflict with the Law (ABH) still have responsibility for their actions, including accidents that cause death. In the approach of Islamic law, the legal responsibility of minors in traffic accidents prioritizes coaching, rehabilitation, and the opportunity to repent. Meanwhile, the victim's family can choose between qisas or diyat, by prioritizing settlement that brings peace and justice. Islamic law does not only look at the punishment aspect, but also tries to provide a way for recovery and improvement for the perpetrator, especially if the perpetrator is still a child who needs protection and guidance.
| Item Type: | Thesis (Skripsi) |
|---|---|
| Uncontrolled Keywords: | Pertanggungjawaban, anak usia dibawah umur, kecelakakan tinjauan hukum |
| Subjects: | K Law K Law > Indonesia Law K Law > Indonesia Law > Hukum Pidana |
| Divisions: | Fakultas Hukum > S1 Ilmu Hukum |
| Depositing User: | MUHAMMAD BINAR KUMARA RAFI K |
| Date Deposited: | 15 Jul 2025 01:29 |
| Last Modified: | 15 Jul 2025 01:29 |
| URI: | http://eprints.ums.ac.id/id/eprint/135896 |
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