Penyelesaian Perkara Kecelakaan Lalu Lintas Melalui Mekanisme Restorative Justice (Studi Kasus Polsek Medan Baru)

Abstract

Data from the annual report of Medan Police Station noted that in 2023-2024 the number of traffic accidents increased. The settlement of traffic accident cases is often resolved through restorative justice, which in the police is outlined in Police Regulation Number 8 of 2021 as a guideline for implementation, including at the Medan Baru Police Station in resolving traffic accident cases. This thesis contains the following problem formulations: 1) How is restorative justice regulated according to positive law in Indonesia; 2) How is restorative justice applied to traffic accident cases at Polsek Medan Baru; 3) How are the obstacles and efforts to overcome obstacles in resolving traffic accident cases through the application of restorative justice at Polsek Medan Baru; The research method used in writing this thesis is an empirical juridical research method that uses secondary data obtained from primary, secondary, tertiary legal materials. The data analysis used is qualitative analysis by conducting interviews. This research concludes that there are several instruments that regulate restorative justice in each institute. The application of restorative justice in handling traffic accident cases at Polsek Medan Baru cannot be applied to serious traffic accidents or fatalities, the application must meet general and specific requirements. There are obstacles in the implementation of restorative justice at Polsek Medan Baru such as, lack of investigator readiness, lack of socialization and others. The need for instruments that regulate the implementation of restorative justice among law enforcement agencies. In applying restorative justice to traffic accident cases, the general and specific requirements must be met objectively. The police need to be more familiar with restorative justice so that it can be applied in handling traffic accident cases.