| dc.description.abstract | The number of traffic accidents that always increases every year causes material losses and victims, although the regulation of traffic accidents has been regulated in Law no. 22 of 2009 concerning Road Traffic and Transportation, but there is often ambiguity in the resolution of traffic accident cases, especially when processed in the Indonesian National Police. Some traffic accident cases have been resolved through a judicial process and some have been resolved without going through a legal process on the grounds that both parties have reconciled through a Restorative Justice approach. And this brings the need to study Restorative Justice arrangements in the laws and regulations in Indonesia, the methods and legal basis for the application of resolving traffic accidents through a Restorative Justice approach at the Polrestabes and the obstacles and challenges for investigators to carry out a Restorative Justice approach to traffic accidents in Polrestabes Medan.
The research used in this thesis is normative research. The normative research method is complemented by an empirical method by conducting interviews with investigators in Polrestabes Medan. The kind of the research is descriptive analytical which is intended to support the acquisition of factual and accurate data about Restorative Justice.
The results of the study show that several regulations have already regulated Restorative Justice such as Law Number 11 of 2012 concerning the Juvenile Criminal Justice System, Memorandum of Understanding with the Chairperson of the Supreme Court, Ministry of Law and Human Rights, Attorney General, National Police Chief regarding the Implementation of Adjustment of Limits for Minor Crimes and Amount of Fines, Examination Procedures Fast and Implementing Restorative Justice, Decree of the Director General of the General Court of the Supreme Court of the Republic of Indonesia concerning the Enforcement of Guidelines for the Implementation of Restorative Justice (Restorative Justice), Circular Letter of the Chief of Police Number SE/8/VII/2018 Year 2018 concerning the Application of Restorative Justice, Prosecutor's Regulation Number 15 of 2020 concerning Termination of Prosecution Based on Restorative Justice, Regulation of the Head of the State Police of the Republic of Indonesia Number 6 of 2019 concerning Criminal Investigations. For the legal basis for traffic accident criminal cases that violate Article 310 paragraph (3) and Article 310 paragraph (2) of the Traffic and Road Transport Law, the investigation process can be stopped (SP3) and the settlement of traffic cases at the Medan Polrestabes is carried out by Police investigators based on the Circular Letter of the Chief of Police Number SE/8/VII/2018. Obstacles and challenges that are often faced by the police in solving traffic accidents through a Restorative Justice approach are often conflicts of interest between the perpetrator and the victim, the perpetrator is less cooperative towards the victim after a traffic accident, besides that the victim side does not want to forgive the perpetrator, causing prolonged conflict, there is no clear legal basis considering that traffic accidents have special rules as a lex specialist of the Criminal Code, which are regulated in the Traffic and Road Transport Law. Another challenge faced by investigators in carrying out a restorative justice approach to traffic accidents at the Polrestabes Medan, such as the increasing needs that are not proportional to both personnel and facilities.
It is expected that there will be clear legal regulations in the Procedure for Implementing Restorative Justice Efforts, especially in Traffic Accident Crimes so that in the process of resolving Traffic Accident crimes it does not conflict with the laws that have been in force previously, the Government must maximize the functions of institutions/agencies related to the implementation of Restorative Justice, and it is hoped that the Polrestabes Medan will apply the principles of restorative justice as a whole to criminal acts committed by the people of Medan City. | en_US |
