Criminal Law Policy in Efforts to Overcome Traffic Accidents Based on Restorative Justice in the New Criminal Code

Abstract

This study on Criminal Law Policy in Efforts to Overcome Traffic Accidents Based on Restorative Justice in the New Criminal Code aims to determine and analyze criminal law policies in efforts to overcome traffic accidents based on restorative justice in current positive law and the New Criminal Code. The approach method used is normative juridical. Data collection through literature and documentation studies. Data analysis is carried out descriptively qualitatively. The study concludes that criminal law policies in efforts to overcome traffic accidents based on restorative justice in current positive law are still sectoral in each law enforcement agency, namely at the level of investigation, prosecution and examination in court hearings have their respective legal bases. The implementation of restorative justice has only received a firm legal umbrella for all law enforcement officers in Law Number 11 of 2012 concerning the Juvenile Criminal Regulation System in the form of an obligation to implement diversion efforts at all levels of criminal justice for crimes committed by children, namely the level of investigation, prosecution and Examination in Court Hearings. The provisions in question were followed by the issuance of Supreme Court Regulation Number 4 of 2014 concerning Guidelines for the Implementation of Diversion in the Juvenile Criminal Justice System. The criminal law policy in an effort to overcome traffic accidents based on restorative justice in the New Criminal Code in the form of the cessation of prosecution authority if the criminal case has been resolved outside the judicial process and the judge's forgiveness or rechterlijke pardon or judicial pardon or dipensa de pena is the idea of forgiveness and forgiveness of the judge. This concept gives the judge the authority to forgive and not impose criminal penalties or actions even though the crime and error have been proven. However, the New Criminal Code does not provide detailed regulations regarding the authority to apply restorative justice to investigators. The New Criminal Code only provides an opportunity for the settlement of criminal cases outside the court which can nullify the authority of prosecution. However, the New Criminal Code is a fundamental basis for the implementation of restorative justice in the legal system in Indonesia.