Obstacles to Fulfilling Fault-Based Private Motor Vehicle Driver Responsibilities
This research explores the application of the fault-based liability principle within traffic accident cases involving passenger car drivers and motorcycle riders, focusing on the disconnect between theoretical norms and practical enforcement in Indonesia. Using a normative legal research methodology...
| Authors: | ; ; ; |
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| Format: | Electronic Article |
| Language: | English |
| Published: |
2024
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| In: |
International journal of criminal justice sciences
Year: 2024, Volume: 19, Issue: 1, Pages: 191-204 |
| Online Access: |
Volltext (kostenfrei) |
| Check availability: | HBZ Gateway |
| Keywords: |
| Summary: | This research explores the application of the fault-based liability principle within traffic accident cases involving passenger car drivers and motorcycle riders, focusing on the disconnect between theoretical norms and practical enforcement in Indonesia. Using a normative legal research methodology, this study draws on primary and secondary legal sources, as well as empirical data from traffic accident cases in Palu City. The findings reveal that the fault-based liability principle is often overlooked in practice. Typically, compensation responsibilities are assigned to passenger car drivers without considering the actual fault, which contradicts the intended legal frameworks and the principles of restorative justice. The study highlights the significant implications of these findings for both regulatory frameworks and the practice of justice. It suggests that the existing legal approach may inadvertently undermine the principles of fairness and equity by disregarding the fault element, which should be central to liability determinations. This misalignment may also perpetuate a lack of accountability for motorcycle riders who are at fault. To address these issues, the research recommends the development of clearer guidelines that align legal practices with the fault-based liability principle and promote a more equitable justice system. Furthermore, the study advocates for enhanced public awareness and education concerning traffic laws to foster a culture of compliance and responsibility. This study is limited by its focus on a specific geographic area and the availability of empirical data. Future research could expand the geographical scope and incorporate comparative analyses to better understand the broader implications and effectiveness of fault-based liability in traffic accident cases. Additionally, more in-depth investigations into the socio-economic factors influencing the assignment of liability could provide further insights into achieving equitable outcomes in traffic accident compensations. |
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| ISSN: | 0973-5089 |
