Perspektif Kriminalistik dalam Pembuktian di Pengadilan Terkait Unsur Kealpaan Pada Kecelakaan Lalu Lintas

Abstrak

Traffic accidents caused by negligence often raise legal difficulties in determining criminal liability, particularly because the evidentiary process rarely relies on adequate technical analysis. This research examines the role and relevance of the criminalistic perspective in proving the element of negligence in traffic accident cases, using the Jakarta Timur District Court Decision Number 455/Pid.Sus/2023/PN JKT.TIM as the object of analysis. This research applies a normative juridical method through statute, conceptual, and case approaches, using secondary data consisting of primary and secondary legal materials analyzed qualitatively. The findings show that the panel of judges assessed the element of negligence mainly through witness testimony, the defendant's statement, a post-mortem examination, and vehicle evidence, without any accident reconstruction, point-of-impact analysis, skid-mark examination, speed analysis, or expert testimony on traffic accidents. As a result, the disclosure of the accident facts remains dominated by a normative juridical approach rather than a scientific and technical one, so the objectivity and comprehensiveness of the evidence remain limited. This research concludes that the criminalistic perspective has not been optimally applied in proving the element of negligence in the decision under study, even though such an approach is essential to objectively reveal the accident's true chronology. Therefore, strengthening the use of criminalistic methods in the investigation and adjudication of traffic accident cases is recommended to achieve more objective evidence and stronger legal certainty