Implementation of Restorative Justice in the Settlement of Traffic Accident Crimes Based on Justice

Abstract

Abstract. This study aims to determine and analyze the implementation of restorative justice in resolving traffic accidents based on justice at the Hulu Sungai Tengah District Attorney's Office and its obstacles and solutions. This study uses a sociological legal approach method, the research specification is descriptive analytical. The data used are primary data and secondary data while the data collection method is carried out through field studies and literature studies. The data analysis method is qualitative. The theories used are the theory of justice and progressive legal theory. Based on the results of the study, it can be concluded that the implementation of restorative justice in resolving traffic accidents based on justice at the Hulu Sungai Tengah District Attorney's Office is in line with Perja Number 15 of 2020 and in line with the theory of justice and progressive legal theory. Obstacles in the implementation of restorative justice are the lack of public understanding in using the Indonesian language, the long distance between the prosecutor's office and the location of the incident, the need for proper transportation to get to the RJ location, limited time for resolving cases based on restorative justice, legal and regulatory obstacles. In this case, the public prosecutor has succeeded in overcoming these obstacles so that the resolution of cases based on restorative justice can be carried out while still prioritizing justice.

Keywords: Accidents; Justice; Prosecutors; Restorative; Traffic.