Criticism of the Strategy of Criminal Law Formulation in the Law Number 22 Year 2009 Concerning Traffic and Road Transport

摘要

Order in Traffic to a certain extent reflects the moral, mental, and personality of the nation, and this is an indicator of the dignity of a nation. Indonesia has enforced The Law Number 22 Year 2009 concerning road traffic and transportation (UULLAJ). UULLAJ is an administrative nuance, but the norms in UULLAJ do not only include administrative sanctions but also criminal sanctions. Criminal sanctions are in articles 273 to Article 313 The Law number 22 Year 2009 while administrative sanctions are imposed on 18 articles. The formulation of criminal law in this Law is important to be investigated because there are obstacles in terms of law enforcement and the urgency of harmonizing with criminal law policies. The purpose of the study is to analyze criminal law policies in the traffic and road transport laws associated with the principles in the formulation of criminal law. The research method used is normative juridical, with data collection is a literature study and is analyzed prescriptively. The results of the research and discussion show that based on losses on administrative domain traffic violations that have an indirect impact, national public issues regarding traffic management and engineering and complex transportation systems, tolerance for losses due to actions is still large because of some fundamental things, the majority of people think fairness traffic violations, excess administrative sanctions compared to criminal sanctions, formulation of multiple interpretations and large discretion on law enforcement so that law enforcement is ineffective and inefficient and does not affect prevention of offenders to repeat their actions. The conclusion is the traffic and road transport law does not meet the requirements as a law which contains the formulation of criminal law and is stated as part of over criminalization.