Proceedings of the 3rd Multidisciplinary International Conference, MIC 2023, 28 October 2023, Jakarta, Indonesia

Research Article

Application of the Concept Restorative Justice in Resolution of Traffic Accident Cases

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  • @INPROCEEDINGS{10.4108/eai.28-10-2023.2341762,
        author={Indah Kusuma Wardhani and Nova Ernny Rumondor},
        title={Application of the Concept Restorative Justice in Resolution of Traffic Accident Cases},
        proceedings={Proceedings of the 3rd Multidisciplinary International Conference, MIC 2023, 28 October 2023, Jakarta, Indonesia},
        publisher={EAI},
        proceedings_a={MIC},
        year={2023},
        month={12},
        keywords={restorative justice justice accidents traffic},
        doi={10.4108/eai.28-10-2023.2341762}
    }
    
  • Indah Kusuma Wardhani
    Nova Ernny Rumondor
    Year: 2023
    Application of the Concept Restorative Justice in Resolution of Traffic Accident Cases
    MIC
    EAI
    DOI: 10.4108/eai.28-10-2023.2341762
Indah Kusuma Wardhani1, Nova Ernny Rumondor1,*
  • 1: Universitas Borobudur, Indonesia
*Contact email: novaernnyrumondor@gmail.com

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 developments in general justice, especially the development of the principles of restorative justice by burdening criminals with the awareness that they admit mistakes, apologize, and return damages and losses to victims. as before or at least resembles the original situation, including traffic crimes. The formulation of the problem in this research is what form of traffic accident crime can be resolved through restorative justice, and what investigators consider in resolving traffic accident cases through restorative justice. The concept of restorative justice in traffic accidents, especially those that result in serious injuries and death, the legal consequences for the perpetrator are the obligation to return, replace, or restore all flops caused by the traffic accident caused by the perpetrator so that justice can be achieved for the victim. Even though the perpetrator has been responsible and has made peace with the victim, this is only used as a basis for the judge's consideration to lighten the sentence imposed on the perpetrator, the criminal indictments against him will not disappear as explained in Article 235 paragraph (1) of Law Number 22 of 2009 concerning Trafficking. Traffic and Road Transport.