PERANAN KETERANGAN TERDAKWA SEBAGAI ALAT BUKTI OLEH HAKIM DALAM MEMERIKSA DAN MEMUTUS PERKARA KEALPAAN YANG MENGAKIBATKAN MATINYA ORANG LAIN DI JALAN RAYA (Putusan Nomor 297/Pid.Sus/2019/PN Pdg)

Abstract

ABSTRACT In criminal law, an accident is a form of crime, if the victim is injured, even more so until he dies. Accidents or also called road traffic crimes are regulated in the Criminal Code (KUHP). This traffic accident is regulated in Article 359 and Article 360, where in the case that occurred in the city of Padang, a motorcycle rider who died due to negligence of the driver a car, where the criminal threat to the case can be sentenced to a maximum of 5 years in prison or a maximum of 1 year in prison. The formulation of the problem is 1) What is the role of the defendant's statement as evidence by the judge in examining and deciding a case of negligence that resulted in the death of another person on the highway? 2) What are the obstacles and efforts of the judge in resolving cases of negligence that resulted in the death of other people on the highway? The type of research is sociological juridical. Sources of data include primary data and secondary data. The data were analyzed qualitatively. Conclusions from the research 1) That the defendant's statement played a very important role in the course of the court process 2) The obstacle faced was that sometimes the defendant got sick and the judge had to postpone the trial process until the defendant's condition returned to health.