The Boundaries Of Negligence As An Element Of Fault In Traffic Crimes

Abstract

This article examines the legal limitations of negligence (culpa) as an element of fault in traffic offenses in Indonesia. This normative legal research, using legislative, conceptual, and case study approaches, shows that determining negligence is not sufficient based solely on the resulting consequences, but must consider the legal obligation to exercise caution, the perpetrator's objective ability to foresee the consequences, and the existence of a causal relationship with the event. The ambiguity of these boundaries has the potential to create legal uncertainty and disproportionate punishment. Therefore, consistent application of legal limitations on negligence is necessary to ensure that traffic criminal law remains the ultimate remedy.