TINDAK PIDANA KASUS KECELAKAAN LALU LINTAS YANG MENYEBABKAN ORANG LAIN MENINGGAL DUNIA: (Studi Putusan Nomor 81/ Pid.Sus/2018/PNSlt)

The main problem in this paper is how the formal legal considerations inmaking decisions on traffic crimes that result in the death of another person andhow material legal considerations by judges in traffic crimes result in the death ofanother person.The type of research used is qualitative research with the researchapproach used is normative and sociological. The data source of this research isthe Salatiga District Court. The data collection methods used were observation,interviews, documentation, and reference tracing.The results of the study show that the application of material law in thiscase is in accordance with the applicable criminal law in Indonesia. It can beshown that the panel of judges in deciding the defendant's actions have fulfilledthe elements of the crime of traffic negligence in accordance with Article 310paragraph (4) of Law No. 22 of 2009 concerning Road Traffic and Transportationbased on the material truth obtained from the defendant's letter, witnessstatements, facts, and evidence revealed in the trial process. The decision-makingcarried out by the panel of judges according to the author is in accordance withformal law, namely based on at least two valid pieces of evidence, namely witnessstatements, evidence, visum et repertum and statements of the defendantKeywords: accident, formal law, material law.