¹Mukhsinin, ²Eko Soponyono

¹Student of the Master of Law Study Program at Diponegoro University,
²Lecturers in the Master of Law Study Program at Diponegoro University

DOI : https://doi.org/10.47191/ijsshr/v7-i06-86

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ABSTRACT

The 1945 Constitution of the Republic of Indonesia article 1 paragraph (3) states “The State of Indonesia is a State of Law”. Indonesia is a country based on law, so it is only fitting that the law be made supremacist, where everyone must submit and obey without exception. In Indonesian criminal law, negligence is interpreted as “careless, careless, careless or careless”, without any separation between the meaning of “careless” and the meaning of “recklessness”, so that even though criminal acts of negligence result in many fatalities, the perpetrator can only charged with negligence. This research is normative juridical research (legal research) with a conceptual approach, a statutory approach and a comparative law approach. The results of this research are that the element of recklessness (recklessness) can be constructed into negligence and has a higher/more serious position as an element of error than conscious negligence (bewuste schuld) or unconscious negligence (onbewuste schuld), because in the legal dictionary Black’s Law Dictionary that in principle the level of error contained in the principle of recklessness is greater than in the principle of negligence. So that later the criminal sanctions for perpetrators of recklessness (recklessness) will be heavier because they took risks deliberately and these risks cannot be justified.

KEYWORDS:

Reconstruction, Negligence, Justice

REFERENCES
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Constitution

1) Constitution of the Republic of Indonesia 1945

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Journal article

1) Haryono, (2019), “Law Enforcement Based on Substantive Justice Values (Study of Constitutional Court Decision No. 46/PUU-VII/2012)”, Progressive Law Journal , Vol. 7, no. 1

Paper

1) Soponyono, Eko, (2017), speech delivered at the inauguration of a professor with the title “The Wisdom of the Qur'an in Reforming Criminal Law to Realize Religious Justice”, at Diponegoro University

2) Suteki, (2010), professor's inauguration speech with the title “The Policy of Not Enforcing the Law (Non Enforcement of Law) for the Glory of Substantive Justice”, at Diponegoro University.

Volume 07 Issue 06 June 2024