The Concept of Restorative Justice in Settlement of Traffic Crimes

Abstract

The settlement of traffic accident cases by the Police can be done outside the court so that they can be resolved quickly without the need to go through the trial process, this settlement is through the Restorative Justice approach. Restorative justice is an attempt to resolve criminal cases without trial and imprisonment. The purpose of this study is to examine how the concept of restorative justice is able to solve traffic crimes. In this study, the type of normative legal research is used, namely by examining the applicable laws and regulations. The sources of legal materials in this study are primary and secondary sources of legal materials with the data collection method used through library research (library method). The results of the research on the settlement of traffic accident cases by applying the concept of restorative justice are in the form of penal mediation, discretion, diversion and others. The concept of restorative justice as it is known today is still used especially in alternative solutions in juvenile criminal cases. Settlement using the concept of restorative justice is generally carried out through discretion and diversion methods outside the formal process through deliberation mechanisms. The main problem of implementing restorative justice actually lies in the following factors, namely the legal factors themselves, law enforcement factors, namely the parties who form or apply the law, the infrastructure factors supporting law enforcement, the community factors where the law applies or is applied.