PENERAPAN RESTORATIVEJUSTICE DALAM PENYELESAIAN PERKARA PIDANA KECELAKAAN LALU LINTAS

(Studi Kasus Di Polres Pekalongan)

Abstract

The application of restorative justice is a system that is most often used
against criminals in traffic accidents, so that the settlement process between
perpetrators and victims can be completed quickly without having to go through a
court process. This study aims to understand and analyze the implementation of
restorative justice in traffic accident cases and to identify investigators in using a
restorative justice approach to resolve traffic accident cases.
This research is a sociological juridical research with descriptive analysis.
Data was collected by means of literature study and directive interviews. The
analysis uses a qualitative descriptive method.
Implementation of Restorative Justice in Traffic Accident Cases at the
Pekalongan Police Station in practice in the field is guided by the National Police
Chief's Letter No. Pol: B/3022/XII/2009/SDEOPS dated December 14, 2009
regarding Case Handling Through Alternative Dispute Resolution (ADR),
Regulation of the Head of the State Police The Republic of Indonesia Number 7
of 2008 concerning Basic Guidelines for Strategy and Implementation of
Community Policing in Implementing Police Duties, Circular Letter of the Chief
of Police Number: SE / 08 / VII / 2018 dated July 27, 2018 concerning the
Application of Restorative Justice in the Settlement of Criminal Casesand
Regulation of the Head of the State Police of the Republic of Indonesia Number 6
of 2019 concerning Criminal Investigations. The application of Restorative Justice
in cases of past accidents to get a fair solution for outsiders which is resolved in
the settlement of cases in court. The consideration of using a restorative justice
approach to resolve traffic accidents is legal or the laws and regulations that
govern it, namely in terms of the basic rights and rights of the National Police and
in terms of justice itself, the aspect of justice is the realization of a sense of justice
for the parties and the community, the effectiveness of legal benefits, namely the
realization fast trial at low cost.
Keywords: Restorative Justice, traffic accidents.