The implemention of legal sentence towards fine punishment in particulary the user of
motorized vehicle that conduct traffic violation in Yogyakarta Municipality. The
principle of fairness and law can be had by the legal expert or ordinary people which
means inside the life associaction society will always be connected in a problem of
fairness and law. Criminal law case is mostly discussed and become the focus either in
theory or in practice, and even more there has been an effort to compile the national
criminal code that intends to overwhelm the weakness and shortage in the valid criminal
code nowadays. The traffic is established to protect the nessesties of road users in
conducting transportation, however in fact there are still many traffic violation, i, e.
violation and disobedience still happens in every quarter. The sentence, decision, includes
the tender sanction has not also show legal cerntainty. The violation often conducted by
traffic police, one of them is during conducting inspection of motorized vecihle on the
street, traffic police direcly decide the charge sentence to the road user who conducts
traffic violation . In fact in field, there often happens the inspection of motorized on
street, where in the inpection site of motorized vehicle is conducted. In addition the cash
as charge sentenceis is directly given to the traffic police at the site of invesgation of
motorized vehicle being conducted. The aforementioned above problem background can
be taken problem formulation as follow: whether the judge’s consideration in
determining the amount of charge in traffic violation case. The purpose of research was
to find out what is the basic of judge’s decision in determining the amont of charge in
traffic case and gain data to analyze in the effort to respond to the legal problem. The
method of research used was normative method by studying the valid positive law. The
judge’s consideration in sentencing criminal charge on traffic violation case is based on
the law, truth, and risk he will face. The author suggests advince in the case traffic
violition, the legal enforcer apparatus in deciding a traffic violtion case should be
objective and have to based on legal consideration that give fairness to the society which
suffer by traffic violiation, thus it will not bring any burden to the society.