The Effectiveness Of Restorative Justice In Resolving Traffic Accident Cases By Investigators At The Pandeglang Police

Abstract

This study aims to analyze the implementation and effectiveness of Restorative Justice in resolving traffic accident cases resulting in fatalities by investigators at the Pandeglang Police Department, as well as to formulate future strategies to strengthen its implementation. The background to this research is based on the high number of fatal traffic accidents and the need for a case resolution model that is not solely retributive but also restorative, particularly in criminal acts due to negligence (culpa). The Restorative Justice approach is normatively based on Police Regulation Number 8 of 2021 concerning Handling Criminal Acts Based on Restorative Justice, which authorizes investigators to terminate investigations if material and formal requirements are met and a peace agreement is reached between the perpetrator and the victim's family. This study uses an empirical juridical approach with descriptive analytical research specifications. Data were obtained through literature review and field research, then analyzed qualitatively. The results indicate that the implementation of Restorative Justice in traffic cases resulted in death at the Pandeglang Police Department was carried out selectively, casuistically, and with the principle of prudence. This implementation took into account the elements of the perpetrator's negligence, the willingness of the victim's family to voluntarily reconcile, and the resulting social impact. Normatively, the implementation complies with the provisions of Police Regulation 8/2021, but in practice still faces challenges in the form of retributive public perceptions and limited mediation capacity of some officers. In terms of effectiveness, the implementation of Restorative Justice is considered quite effective when viewed from the theory of legal effectiveness, as it is able to expedite case resolution, provide space for active participation for the victim's family, provide redress in the form of material compensation and recognition of the perpetrator's responsibility, and support the perpetrator's social reintegration. However, this effectiveness is conditional and highly dependent on the professionalism of investigators, fulfillment of normative requirements, and community acceptance of the restorative approach. Future formulations require strengthening more comprehensive regulations, standardizing mediation procedures, increasing the capacity of law enforcement officers, and public education to build a broader understanding of the principles of restorative justice. Thus, restorative justice can be an alternative resolution for fatal traffic accidents that is not only procedurally effective but also substantively just and aligned with Indonesian social values.