Procedures for Resolving Traffic Accident Cases Through Restorative Justice
DOI:
https://doi.org/10.30659/rlj.5.2.%25pKeywords:
Accident, Justice, Restorative, Traffic.Abstract
This study aims to determine and analyze the procedure for resolving traffic accident cases through restorative justice. To determine and analyze the weaknesses of resolving traffic accident cases through restorative justice. This study is a normative juridical type, the method of legislative approach, case approach, the research specifications are descriptive analysis, the data sources used are secondary data taken from primary legal materials, secondary legal materials, tertiary legal materials, data collection methods through literature studies and analysis techniques using qualitative. The results of the study show that the procedure for resolving traffic accident cases through restorative justice is guided by Law Number 20 of 2025 concerning the Criminal Procedure Code, however, in the application of the restorative justice mechanism for traffic accident crimes, it is only applied as an effort to create a win-win solution between victims and perpetrators, where the provision of compensation to traffic accident victims is described as if it only functions to minimize criminal sanctions, without any improvement in the quality of the perpetrator which is very likely to occur the repetition of the perpetrator's actions (mistakes). There are weaknesses in the legal structure, including a lack of understanding of the concept of restorative justice among law enforcement officers, a lack of coordination between law enforcement agencies, and a lack of infrastructure support. Second, there is a weakness in the legal substance, namely the absence of a limit on the amount of compensation. Third, there are weaknesses in the legal culture, including a lack of public awareness of restorative justice. There is a perception that restorative justice is only for minor cases, even though restorative justice can be applied to various types of cases, including traffic accidents.
References
Journals:
Fandika Wahyu Ramadhani, Suyatna, Penerapan Restorative Justice dalam Kecelakaan Lalu Lintas Berdasarkan Peraturan Kepolisisan Negara Republik Indonesia Nomor 8 Tahun 2021 tentang Penanganan Tindak Pidana Berdasarkan Keadilan Restoratif, Indonesian Journal of Law and Justice Volume: 1, Nomor 4, 2024
Hayatuddin, Suharyono, Sobandi, Legal Implications Of The Constitutional Court Decision On The Application Of Restorative Justice Concept In Indonesia. Jurnal Hukum Dan Peradilan, 11(2). 2022
Luh Made Indryani Purnami, “Mekanisme Penghentian Penyidikan Perkara Pidana Melalui Restorative Justice Ditinjau Dari Peraturan Kepolisian Nomor 8 Tahun 2021.” Jurnal Datin Law 2 (2), 2023
Books:
Eddy O.S Hiariej. Prinsip Prinsip Hukum, Cahaya Alam Pustaka., 2014
Tongat. Dasar-Dasar Hukum Pidana di Indonesia dalam Prespektif Pembaharuan, UMM Press. 2020
Zainal Abidin Farid,. Hukum Pidana 1. Sinar Grafika. Yogyakarta, 2018
Regulation:
The 1945 Constitution of the Republic of Indonesia;
Law Number 1 of 2023 concerning the Criminal Code;
Law Number 20 of 2025 concerning the Criminal Procedure Code;
Law Number 1 of 2026 concerning Criminal Adjustments;
Law Number 22 of 2009 concerning Traffic and Road Transportation;
Police Chief Regulation Number 15 of 2013 concerning Procedures for Handling Traffic Accidents
Internet:
https://dandapala.com/article/detail/pn-mentok-kedepankan-pemulihan-pelaku-korban-di-kasus-tabrakan-beruntun accessed on May 23, 2026
https://www.kejaksaan.go.id/conference/news/6804/read accessed on May 21, 2026
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