The Effectiveness of the Implementation of Restorative Justice in Handling Traffic Accident Cases Resulting in Death in the Jurisdiction of the Nabire Police

Abstract

This study aims to analyze the implementation of restorative justice in traffic accidents resulting in death within the jurisdiction of the Nabire Police Resort, as well as the effectiveness of its application in handling such cases. This research employs a socio-legal (normative-sociological) approach. The study is descriptive-analytical in nature, using both primary and secondary data sources, and the data are analyzed using qualitative analysis. The issues are examined through the theories of legal certainty, criminal liability, and criminal responsibility. The results of the study indicate that the application of restorative justice in traffic accidents causing death within the jurisdiction of the Nabire Police Resort represents a more humane law enforcement effort, considering the restoration of relationships between offenders and victims' families through mediation and peace agreements. This approach is effective when the accident occurs due to negligence, the offender accepts responsibility, and the victim's family is willing to forgive, often involving community or customary leaders as mediators. Although supported by strong local cultural values, its implementation still faces several obstacles, such as resistance from victims' families, uncooperative offenders, and a lack of understanding and technical guidelines in practice. Therefore, training for investigators, public awareness programs, and strict supervision are required to ensure that restorative justice is implemented in accordance with the principles of justice and applicable law. The effectiveness of restorative justice in handling traffic accidents resulting in deaths in the jurisdiction of the Nabire Police Resort is considered fairly good, as reflected in the achievement of peace agreements, the restoration of social relations, and the reduction of the burden on the criminal justice system. This approach generally succeeds when the offender demonstrates good faith and the victim's family agrees to reconciliation, supported by local cultural values that emphasize kinship. However, its implementation still faces challenges such as limited understanding among law enforcement officers and the public, rejection from victims' families, and the absence of clear technical regulations and supervisory mechanisms. Therefore, its effectiveness needs to be strengthened through investigator training, public outreach, collaboration with customer leaders, and strict supervision of case dismissals (SP3) to ensure that restorative justice is applied in a fair, humane, and legal manner.