Manuscript Title:

RESTORATIVE JUSTICE APPROACH IN RESOLVING TRAFFIC ACCIDENT CASES THAT CAUSE SERIOUS INJURIES AND DEATH

Author:

BUDI SETIYONO, YUSRIADI, IRMA CAHYANINGTYAS

DOI Number:

DOI:10.5281/zenodo.10203146

Published : 2023-11-23

About the author(s)

1. BUDI SETIYONO - Doctoral Program in Law, Faculty of Law, Diponegoro University, Jl. Prof. Soedarto, SH., Tembalang, Semarang.
2. YUSRIADI - Lecturer in Doctoral Law Program, Faculty of Law, Diponegoro University, Jl. Prof. Soedarto, SH., Tembalang, Semarang.
3. IRMA CAHYANINGTYAS - Lecturer in Doctoral Law Program, Faculty of Law, Diponegoro University, Jl. Prof. Soedarto, SH., Tembalang, Semarang.

Full Text : PDF

Abstract

Justica's Restorative Approach in Solving Traffic Accident Cases that Cause Serious Injuries and Death. This study aims to examine; 1) What problems occur in the implementation of the implementation of restorative justice in the case of past laka resulting in death at this time? 2) Reconstruction of justice
restoration policies in cases of past laka resulting in death based on the value of justice? The research method used is empirical juridical with a legal approach, concept approach, and case studies. The results showed that; 1) Various problems that occur in the implementation of the implementation of restorative justice in the case of past laka that result in death at this time due to several things including; a) legal factors; the absence of guidelines governing the limits of law enforcement discretion; b) Law Enforcement factors; Law Enforcement has difficulty handling cases due to the uncooperation of perpetrators and witnesses; c) means factors; limited facilities and infrastructure compared to Police Jurisdiction; d) Community legal awareness; ignorance of the public that the position of the peace letter does not invalidate the claim in Court; e) The legal culture of society; The public tends to shy away from Law Enforcement in resolving traffic accident disputes and fear being a witness in the event of an accident that causes someone to die. 2) Reconstruction of justice restoration policies in cases of past deaths resulting in justice values- based on justice can be carried out in several ways, including; a) legal factors; Creation of guidelines that regulate the limits of discretionary authority of law enforcement; b) Law Enforcement factors; Improve the ability, knowledge, and skills of law enforcement; c) means factors; improve facilities and infrastructure in accordance with Police Jurisdiction; d) Public legal awareness; increase public legal awareness that the position of the peace letter does not invalidate claims in Court; e) The legal culture of society; fostering a culture of community law that is orderly and cooperative with law enforcement


Keywords

Reconstruction, Policy, Restorative Justice, Accident, Traffic, Death.