Liability in Traffic Accidents as an Unlawful Act

Abstract

In criminal cases involving traffic accidents that result in fatalities, there is often an agreement between the victim or their heirs and the defendant (peace agreement). The content of the agreement basically states that after receiving monetary compensation from the defendant, the victim or heirs consider the accident as fate and will not pursue charges against the defendant. However, the settlement does not preclude the prosecution of the criminal case. Thus, the injured party in a traffic accident, once the criminal process is completed, can file a claim for compensation by the victim or the victim's family based on Article 1365 of the Civil Code. This research uses a normative juridical approach. Data collection and legal materials are gathered through the study of legal documents and legislation. According to Article 4 of Law Number. 34 of 1964 concerning the Road Traffic Accident Fund, road traffic victims who have received payment from the Life Insurance Fund do not forfeit their right to claim compensation from the cause of the accident or the party responsible for the actions that led to the accident. This can be done through a tort lawsuit by applying for material and immaterial compensation, provided that the amount they have received from PT. Jasa Raharja Loss Insurance is taken into account in determining the compensation to be paid.