PENYELESAIAN KASUS KECELAKAAN LALU-LINTAS DENGAN PELAKU ANAK DI WILAYAH HUKUM POLRES WONOGIRI

Abstract

The purpose of this study is to examine the process of resolving traffic accident cases involving children as perpetrators and obstacles. The research background is that children who cause traffic accidents must be responsible in criminal law. The mechanism for settling traffic accidents carried out by children is done through certain stages called Diversion. Diversion is carried out through deliberations involving children and parents / guardians, victims and / or parents / guardians, community guides and professional social workers based on a restorative justice approach. The research method consists of the type of research is normative juridical, which is equipped with primary data in the form of observations. The nature of descriptive research. The data needed are secondary data, namely laws, National Police and Resume Regulations on traffic accident cases. The method of data collection is done by literature studies, document studies and observations. Data analysis was carried out qualitatively. The results of the study that cases of traffic accidents with child offenders were handled by the Police. The legal basis for resolving accident cases with child offenders is Law No. 11 of 2012 concerning the Child Criminal Justice System, Law No. 8 of 1981 concerning the Criminal Procedure Code, Law No. 02 of 2002 concerning the National Police of the Republic of Indonesia, Law No. 22 of 2009 concerning Road Traffic and Transport and National Police Regulation No. 15 of 2013 concerning Procedures for Handling Traffic Accidents. According to Law No. 11 of 2012 concerning the Child Criminal Justice System, at the stage of the investigation a settlement is conducted through mediation. If mediation is reached between the perpetrator and the victim, the case is resolved outside the criminal justice system. This solution is called Diversion. Diversion is the transfer of settlement of child offenses outside the criminal justice process. Diversion is carried out if a criminal act is threatened with imprisonment under 7 (seven) years and is not a repetition of a crime. The Diversion process is carried out through deliberations involving children and parents / parents, victims and / or parents / parents, community advisers, and professional social workers based on the Restorative Justice approach. Constraints in the diversion process are differences in perceptions between the parties in the deliberation process so that it is not easy to reach an agreement. In the case of compensation, an agreement to achieve the amount of compensation is also often an obstacle. Keywords: Settlement of child crime, traffic accidents, Diversion.