Application of Restorative Justice in Resolving Minor Traffic Accident Cases Outside of Court

Abstract

The aim of this research is to determine and analyze the application of restorative justice in resolving minor traffic accident cases outside of court. To find out and analyze the obstacles encountered in resolving minor traffic accident cases outside of court and their solutions. The method used by researchers is a normative juridical legal approach and the specifications in this research are descriptive. The source and type of data in this research is secondary data obtained from literature study. Data was analyzed qualitatively. Based on the results of the research, the application of restorative justice in resolving minor traffic accident cases outside of court means that what the police do to resolve traffic accident cases meets the requirements for the implementation of this restorative justice system. In other words, as long as the procedures carried out are in accordance with the law and the requirements for holding a mediation are met, the police have the authority to implement this restorative justice system. The obstacle: the victim's family does not want to forgive the victim. There is still a negative stigma from society, especially victims, towards law enforcement officers in implementing the concept of restorative justice, because quite a few victims have negative prejudice towards investigators/assistant investigators who want to resolve the criminal case that befell them through peaceful means with the perpetrator, many victims think that investigators defend and are paid by the perpetrator. The effort is that while the handling/investigation of the accident case is ongoing, if each party wishes to make a peace/settlement outside of court, then the investigator will help mediate with both parties. The Investigator/Assistant Investigator gives both parties freedom to carry out negotiations. The Investigator/Assistant Investigator will participate in mediation if both parties do not find an agreement and ask for assistance from the Investigator/Assistant Investigator in conducting mediation. This can anticipate negative assumptions that the peace/out-of-trial settlement is not the desire/desire of the Investigator/Assistant Investigator or the assumption that one particular party is defending or paying for it.