Penerapan Hukum Penyelesaian Perkara melalui Keadilan Restoratif terhadap Tindak Pidana Kecelakaan Lalu Lintas yang Mengakibatkan Kematian(Studi Kasus di Kejaksaan Negeri Binjai)

Abstract

This research examines the urgency of regulating restorative justice within the Indonesian criminal justice system and its implementation in resolving traffic accident cases resulting in death at the Binjai District Attorney’s Office. Traffic accidents constitute a growing problem that contributes to the heavy caseload of the Indonesian Criminal Justice System, while resolutions based on the retributive paradigm are considered unable to fully deliver justice for either victims or perpetrators. This study aims to analyze the urgency of regulating restorative justice as an integral part of the Indonesian Criminal Justice System, to examine the implementation of restorative justice by the Binjai District Attorney’s Office in handling fatal traffic accident cases in accordance with applicable laws and regulations, and to identify obstacles and challenges in its implementation. The research method employed is normative legal research strengthened by empirical data, using a statutory approach and field studies through interviews and data analysis at the Binjai District Attorney’s Office. The results of the study indicate that restorative justice is an urgent necessity to realize a more humane, effective, and recovery-oriented form of justice. The application of restorative justice based on Prosecutor’s Regulation Number 15 of 2020 may be carried out in traffic accident cases resulting in death, as exemplified by the Suherlambang case in 2024, provided that legal requirements are fulfilled and there is a peace agreement between the perpetrator and the victim. However, its implementation still faces obstacles in the form of limited sectoral regulations, differing interpretations, as well as social and institutional constraints. Therefore, strengthening regulations and enhancing inter-agency synergy are required to ensure the consistent implementation of restorative justice within the Indonesian Criminal Justice System.