Implementation of Restorative Justice in Traffic Accident Cases (Research Study at the West Java Regional Police)

Abstract

Abstract. SettlementTraffic accident cases often focus on criminal sanctions and ignore the social and emotional impacts experienced by victims and perpetrators. An alternative solution is a restorative justice approach. This approach aims to restore the situation after a traffic accident through deliberation and mediation involving the victim, perpetrator, community participation, and other relevant parties.The normative juridical approach method, the research specifications are carried out descriptively analytically, the data used for this research are secondary data, which consist of primary legal materials, secondary legal materials, and tertiary legal materials, the secondary data collection method uses document studies and literature studies and the data analysis method is carried out qualitatively. The mechanism of penal mediation as a form of discretion in resolving traffic accident cases is a written agreement from the perpetrator and victim signed on a seal and stamped, known/approved by the head of the RT/RW or the head of the neighborhood and known by other witnesses with the principle of consensus. The obstacles faced, namely the ability of the perpetrator to pay compensation, not according to the agreement, time and requires a lot of personnel, there is a gap that occurs between the applicable positive law and the legal interests that apply in the community, the skills and analytical abilities of the police regarding the level of violations are uneven, the mediation or restoration procedure is still unclear because there are no standard rules on restorative mediation in traffic accident cases, the perpetrator is less cooperative, and the influence of public opinion that will not necessarily accept the settlement of traffic accident criminal cases through mediation or restorative.