PERBANDINGAN SISTEM HUKUM DALAM PENANGANAN KASUS KECELAKAAN AKIBAT PENGEMUDI MABUK DI NEGARA INDONESIA DAN KOREA SELATAN

Abstract

Traffic accidents caused by drunk drivers constitute a serious road safety problem due to their high level of fatality and their wide-ranging impact on society. In Indonesia, the regulation of criminal liability for traffic accidents involving drunk driving still raises legal issues, particularly in distinguishing between intent and negligence, which may result in legal uncertainty. This study aims to analyze the boundary between intent and negligence in criminal offenses arising from traffic accidents caused by drunk driving, as well as to compare the standards of proof and criminal liability in Indonesia and South Korea. The research method employed is qualitative legal research with a normative approach, conducted through a literature review of statutory regulations, books, academic journals, previous theses, and other legal sources. The findings indicate that Indonesia has not yet established a clear and objective standard of proof in handling drunk driving cases, in contrast to South Korea, which have adopted specific blood alcohol concentration thresholds and clearer, more consistent constructions of criminal liability. This study concludes that there are significant differences in the construction of criminal liability and standards of proof, thereby highlighting the need to strengthen regulations and reform traffic law policies in Indonesia.