Procedures for Resolving Traffic Accident Cases Through Restorative Justice

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.