PT. KAI TIDAK DAPAT DI MINTAI PERTANGGUNGJAWABAN PIDANA TERKAIT KECELAKAAN YANG TERJADI DI PERLINTASAN KERETA API

Abstract

Trains are one of the popular modes of transportation, but there are still many railway crossings without door bars causing anxiety for the community about driving safety. The public unrest was accommodated by the government by passing lex specialis Law No. 23 of 2007 on Railways and Law No. 22 of 2009 on Traffic and Road Transport. But both laws are less in sync. In this study, the authors used normative research methods with descriptive approaches to analysis. Criminal liability is considered to exist, unless there are reasons for criminal removal, namely the reason for the forgiving and forgiving. The Decree of the Minister No. 53 of 2000 states that the authorities and obliged to install railway crossing door bars are the transportation service and traffic police officers. Article 110 of Government Regulation No. 72 of 2009 on traffic and rail transport states that the crossing doorstop is a tool to secure the course of the railway. In addition, road users must prioritize the course of the train, obey all crossing signs, and in the event of an accident due to violation of the article is not a train accident but is a traffic accident. PT. Indonesian railways cannot be held criminally liable for accidents that occur at the crossing between trains and roads with or without doorstops. Because if it happens, it's a traffic accident and not a train accident.