Legal Reconstruction of the Termination of Highway Traffic Accident Investigation Based on the Values of Justice

Abstract

The research aims to analyze the weaknesses of the current rules for stopping the investigation of road traffic accident cases and how to reconstruct the rules for stopping the investigation of road traffic accident cases based on the value of justice. To achieve this goal, an empirical juridical approach is used. The research specification is descriptive analysis. Primary data was obtained directly from the field. Collecting data through field studies (interviews) and literature studies. The data is presented in the form of descriptions that are arranged systematically, logically, and rationally, and analyzed using qualitative descriptive techniques. Research shows that the weaknesses are caused by the imposing conditional crimes which include the following: (1) the legal substance, related laws, and regulations have not accommodated the unique traffic accident cases. (2) Legal structure, not all Resort Police (Polres) implement traffic accident cessation based on restoration justice. (3) The legal culture and public views on stopping the investigation of road traffic accident cases have not been fully understood by the public. and based on this, the legal Reconstruction of stopping investigations of road traffic accident cases based on the value of justice can be done by encouraging the immediate ratification of the Draft Criminal Code into the National Criminal Code, by expanding the basic criminal sanctions on traffic accident cases in the form of humanitarian assistance based on the agreement of the litigants. With the following formulas: 1. The agreement of the litigating parties is requested for a resolution/deed of reconciliation to the Court Judge. 2. The decree/deed of peace has legal force and executorial power as well as control by state institutions outside the police as investigators. 3. The deed of peace from the judge is used as the basis for stopping the investigation for the sake of the law because the application of restorative justice is needed in order to realize a fair and transparent law.