Reconciling Legal Norms: A Comparative Study of Road Marking Violations under National Law and Islamic Criminal Law

Authors

  • M Dzulfikriddin Universitas Islam Negeri Raden Fatah Palembang
  • Syaiful Aziz Universitas Islam Negeri Raden Fatah Palembang

DOI:

https://doi.org/10.19109/3r9aw906

Abstract

Road markings constitute an essential component of traffic signs, typically appearing as transverse, longitudinal, or diagonal lines on road surfaces. These markings play a critical role in directing traffic flow, guiding road users, and delineating vehicle lanes. Their presence contributes significantly to maintaining traffic order and reducing the risk of accidents. Although formally regulated under Article 287 paragraph (1) of Law Number 22 of 2009 concerning Road Traffic and Transportation, violations of road markings by drivers remain prevalent. This study aims to examine and compare the legal sanctions applied to such violations under Indonesian positive law and Islamic criminal law. The research employs both normative and empirical juridical approaches, using comparative legal analysis as the main method. The study was conducted in the city of Palembang, with data collected through interviews and literature review. The findings reveal that within the Indonesian legal framework, violations of road markings are subject to both administrative and criminal sanctions in accordance with existing regulations. From the perspective of Islamic criminal law, such violations are classified as jarimah taʿzīr, referring to offenses whose penalties are determined by state authorities to uphold public welfare. The comparative analysis indicates that although there are differences in legal sources and forms of punishment, both legal systems underscore the importance of maintaining traffic order as a means of safeguarding human life and the public interest. Nevertheless, law enforcement regarding road marking violations in Palembang has not been effective. This ineffectiveness is primarily attributed to the low level of public legal awareness, which undermines the implementation of sanctions and hinders efforts to foster compliance

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Published

30-06-2025

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