Implementation of Restorative Justice for Traffic Accidents that Caused Deaths and were Committed by Minors (Research at the Pekalongan City Police Department)

Abstract

This study discusses the implementation of Restorative Justice for traffic accidents that caused deaths and were committed by minors at the Pekalongan City Police Department. The purpose of the study was to determine the implementation, obstacles, and how to overcome them. The method used was a sociological juridical approach, with data collection through interviews and literature studies, as well as qualitative data analysis. The results of the study indicate that the implementation of Restorative Justice is carried out through diversion, namely the transfer of the settlement of children's cases from the criminal justice process to the non-judicial process, in accordance with Law Number 11 of 2012 concerning the Juvenile Criminal Justice System. The principle of Restorative Justice emphasizes the restoration of victim losses and reintegration between victims, perpetrators, and society, in contrast to the Retributive Justice paradigm which focuses on punishment. Some of the obstacles faced include deadlock in determining compensation, difficulty in bringing the perpetrator's and victim's families who live in different areas, and low public understanding of restorative justice. To overcome these obstacles, it is necessary to facilitate meetings between related parties, mentoring by community counselors, and increasing understanding and professionalism of the Police.