Alasan Kasasi Tidak Dapat Dibenarkan Dalam Perkara Kecelakaan Lalu Lintas

Abstract

        This research aim is to determine the suitability of Cassation reason cannot be justified in the case of traffic accidents with article 253 (1) of criminal code procedure. The research method used was the normative legal research. The approach used was approach legislation and conceptual approach. The source of the legal materials used are primary and secondary legal materials.

       The matter of traffic accidents committed by Hodland Marpaung with the verdict of the District Court of Surabaya number: 2555/PID. B/2012/PN. Sby with Avenged imprisonment for 5 (five) months, probation for 10 (ten) months. Has filed an appeal which was later terminated with the ruling of the High Court of Surabaya Number: 266/PID/2013/PT. SBY in which dropped the imprisonment for 5 (five) months. The defendant then apply for cassation against that ruling with reasons judex facti wrong applying the law. The filing of the appeal by the defendant accepted by the Supreme Court with the ruling of the Supreme Court of the Number 47 k/Pid/2014 which cancels the previous ruling. Based on research it can be concluded that the reasons for the appeal of the defendants can not be justified by judex facti not wrong to apply the law in regard to the objection of Cassation High Court ruling concurred District Court

        Keywords:, Cassation, traffic, the defendant