Department of Law, 2009

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TINJAUAN TENTANG PENYITAAN SURAT IJIN MENGEMUDI (SIM) DAN SURAT TANDA NOMOR KENDARAAN (STNK) DALAM KECELAKAAN LALU LINTAS (Studi di Wilayah Hukum Polresta Malang)

DEDY SETYAWAN

Abstract


In traffic case, especially when there are traffic accident both parties usually claimed that they were the right side. Generally, what asked by the victim or subject was driving lisence and letter of vehicle number beside the other identification sign like Identification card, student card, college student card, etc. The research had statement of problems: (1) what factors cause the confiscation of letter of vehicle number and driving lisence in traffic accident in Central Police Office of Malang Law region? (2) What kind of inhibitation in driving lisence and letter of vehicle number confiscation? The research used socio-juridical approach with primary data source which found from Central Pollice Office of Malang and secondary data included documents, books, and reports. Data collection technique was interview with polce office and documentation of Central Police Office as the supporter of primary data which were processed in descriptive qualitative way. According to the research, the result could be concluded as: (1) Factors caused the confiscation of letter of vehicle number and driving lisence in traffic accident in Central Police Office of malang law region were: (a) violation to the traffic (through the red traffic sign, driving rough, etc), because of the violation, the police would do confiscation to the driving lisence and letter of vehicle number as evidence in the accident event. It based on section 52 Rule No.14 / 1992 about Traffic and Highway vehicle which stated the police right in doing confiscation to motor vehicle or letter of vehicle number according certain condition; (b) accident event which caused by several factors, like: driver (human), traffic, highway, vehicle, and environment. (2) Inhibitions in confiscation of letter of vehicle number and driving lisence in traffic accident at Central Police Office of Malang law regioin were no identity, lack of information or identity of the victim and subject since both of them injured or death which caused trouble in identification, no victim identity which caused the police difficult to do identification in the accident event. The writer suggest to the people to do traffic use orderly, obedient to the traffic sign and the officer, pay attention to the vehicle completeness. To the police office who has direct relation with law enforcement in traffic, the writer suggest to do the rule in fair way, also trying the preventive way, that was increasing the law awareness by various illumination and workshop aimed to increase the people understanding in law, especially related with traffic rule.

 

Keyword : Penyitaan, SIM dan STNK, Kecelakaan Lalu lintas

 

Related Link :  http://skripsi.umm.ac.id/files/disk1/308/jiptummpp-gdl-s1-2009-dedysetyaw-15384-01+PENDA-N.pdf



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