Karya Ilmiah
TESIS (2579) - Bentuk Pertanggungjawaban Hukum Orangtua Terhadap Pelaku Anak Dalam Kasus Kecelakaan Lalu Lintas
The system criminal liability in criminal law follows the principle of positive
current error as one of the principles in addition to the principle of legality. The
system of criminal responsibility in national criminal law which will come to
apply the principle of no punishment without errors is one of the fundamental
principles that need to be defined explicity as a couple legality principle two
principles are not deemed rigid requirements and are absolut. Therefore, it gives
the possibility iun certain cases to apply the doctrine of vicarious liability. The
docrine of vicarious liability was not regulated in the Criminal Code (WVs).
Viewed from the angle comparison anothe state Criminal Code, the principle of
fault or culpabilitas principle is generally recognized as a general principle. The
formulation of the principle is usually seen in the formulation of the criminal
responsibility, particularly with regard to issues of intent and negligence of
parents in faciliting vehicle to their childrenwho are still minors. According to
criminal code of parents are not responsible for errors committed by their children
while under Civil Law (BW) it is possible that parents may be held accountable
for acts commiited by his son, known as vicarious liability is the person
responsible for the actions of others, which has been adopted by possitive law. So
that the country of America and Netherlands possible responsibility for the
mistakes their parents who commit traffic violations that lead to accidents.
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