Penyelesaian Tindak Pidana Kecelakaan Lalu Lintas Dan Angkutan Jalan Melalui Pendekatan Keadilan Restoratif

Abstract

One of the problems in traffic is the occurrence of traffic accidents which result in human casualties and / or property loss. The development of law enforcement systems and methods in Indonesia shows a tendency to follow the development of public justice, especially the development of restorative justice principles by burdening criminals with the awareness that they admit mistakes, apologize, and return the damage and losses to the victim as before or at least resemble the original condition, includes traffic crime. The problems in this research are what is the form of traffic accident crime that can be resolved through restorative justice, what is the consideration of investigators in resolving traffic accident cases through restorative justice at the Padang Resort Police and what are the problems investigators have traffic accident cases through restorative justice at the Padang Resort Police. In this paper, the authors use sociological juridical research methods, while the data used are primary data and secondary data as well as data collection techniques in the form of field studies, namely interviews and literature studies. From the results of the study it can be concluded that the forms of traffic accidents that can be resolved through restorative justice according to Article 236 (2) of Law No. 22 of 2009, namely only minor traffic accidents, according to Article 63 of the National Police Regulation No. 15 of 2013, namely minor traffic accidents, and based on SE Kapolri No. 8 of 2018, namely criminal acts that do not result in victims human. The investigators' considerations in solving traffic accident cases through restorative justice at the Padang Resort Police are the existence of a peace agreement letter by both parties involved in traffic accidents. Furthermore, the obstacles in the implementation of restorative justice at the Padang Police include no technical instructions or SOPs regarding the resolution of traffic accidents through restorative juices from the direct leadership or from the leadership of the National Police, no guidance regarding the resolution of traffic accidents through restorative justive, the existence of a conflict of interest between the suspects and victims, as well as the low knowledge of Padang Police Unitlaka members regarding traffic accident settlement through restorative justice.