Criminal Liability of Online Transportation For Traffic Accident Victims on Positive Law And Islamic Law Perspective

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Ahlam Ahlam Nugraha
Afrilia Bella Novita
Syahdila Nur Rahmawati

Abstract

This article aims to find out about the problem of traffic accidents that often occur and is also related to online transportation companies and their online motorcycle taxi driver partners. This research uses normative research methods with a positive law and Islamic law approach. The results of this research show that the responsibility of online motorcycle taxi drivers is viewed from a positive legal aspect, namely replacing material that has been made a loss by a public transportation company. The loss to be replaced must be based on an agreement between the parties if the matter is outside of court. public transportation is based on a decision that is made in court. Meanwhile, according to Islamic law, a person can be held responsible if the person is a person who has a good mind and is an adult. Accidents that cause death are included in culpable homicide so that the solution that can be taken is that there is no qishas penalty for culpable homicide, but there are only two legal sanctions, namely the main punishment in the form of diyat and kafarat.

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How to Cite
Ahlam NugrahaA., NovitaA. B., & RahmawatiS. N. (2022). Criminal Liability of Online Transportation For Traffic Accident Victims on Positive Law And Islamic Law Perspective. Proceeding of International Conference on Sharia and Law, 1(1), 160-163. Retrieved from https://proceedings.uinsby.ac.id/index.php/ICOSLAW/article/view/962
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