ANALISIS HUKUMAN TERHADAP APARAT KEPOLISIAN DALAM PENGEJARAN PELANGGARAN LALU LINTAS YANG MENGAKIBATKAN KEMATIAN

Abstract

Abstract: The increasing number of police pursuits of traffic violators, resulting in accidents and even deaths, raises legal issues regarding the limits of police authority and criminal liability in the implementation of police duties. This situation indicates the need for legal certainty regarding the legality of pursuits and the protection of the public's right to life. This study aims to analyze the legal regulations regarding the pursuit of traffic violators by police officers in the Indonesian legal system and analyze the criminal liability of police officers if such actions result in death. This study uses a normative legal research method with a statutory approach, a conceptual approach, and a case approach analyzed qualitatively through literature study. The results of the study indicate that pursuits have a legal basis in legislation, but their implementation must be guided by the principles of legality, necessity, proportionality, accountability, and respect for human rights. Police officers can only be held criminally liable if there is evidence of intentional or negligent error, a causal relationship between the officer's actions and the resulting consequences, and the absence of justification or excuse. Therefore, strengthening regulations and standard operating procedures for pursuits is necessary to ensure legal certainty, police professionalism, and public safety.

Keywords: Pursuit Of Traffic Violators, Police Officers, Criminal Liability, Negligence, Traffic Safety.