APPLICATION OF RESTORATIVE JUSTICE IN TRAFFIC ACCIDENTS CASES

Abstract

This research aims to explain the efforts and factors that influence the implementation of restorative justice in traffic accident cases at the Banda Aceh Police Traffic Unit. The research results show that the application of restorative justice in resolving traffic accident cases is carried out by investigators after there is peace between the perpetrator and the victim's family. This is done before the Investigator sends a Notification Letter of Commencement of Investigation to the Public Prosecutor so that the case is not continued. Factors that influence the implementation of restorative justice consist of two factors, namely law enforcement and community cultural laws. The law enforcement factor is the lack of knowledge and understanding of investigators regarding applicable laws and regulations. Community legal culture factors are related to religion, values, attitudes and behavior in people's lives so that they influence decision making to resolve traffic accident cases experienced through restorative justice. We hope that traffic accident unit investigators from the Banda Aceh Poresta Traffic Unit can increase their knowledge and understanding of procedures for handling traffic accidents through restorative justice. So that the application of restorative justice in resolving traffic accident cases can be carried out in accordance with the procedures for resolving cases based on the provisions of applicable laws and regulations.