Analisis Kebijakan Hukum Terhadap Pengguna Autonomous Drive Pada Kecelakaan yang Mengakibatkan Kematian Dalam Perspektif Pembaharuan Hukum Pidana

Abstract

Autonomous drive or automatic steering allows vehicles to move without a driver, this feature has a positive impact on the development of the world of transportation because it can make things easier for humans and this feature is also being developed in Indonesia, but because the system is the main controller, this feature also allows accidents to occur because system failure. So, this research will attempt to see what the legal regulations are regarding this feature if an accident occurs that results in death, how far the regulations are in Indonesia and what the possibility of punishment is if it is linked to the perspective of criminal law reform. This research is normative legal research which is also prescriptive. The approach used is a comparative, legal and conceptual approach. The results of this research conclude that: First, the development of the autonomous drive feature in Indonesia is a dilemma because its development and development has not been accompanied by the presence of related regulations, where the regulations are still guided by the Road Traffic and Transportation Law including criminal provisions, even though it cannot equate autonomous drive vehicles with conventional vehicles. Second, the government does not have to wait for an accident to occur that causes death to make criminal law regulations, there is a principle of precautionary principle or prudence that can be used as a basis for regulating punishment because it is also by the theory of relative punishment, which can be linked to reform. criminal law, one of the aims of which is to protect things that might happen.