Legal Reconstruction of Traffic Accident Settlement Based on Restorative Justice

Abstract

The objectives of this research are to analyze and find legal weaknesses in the settlement of traffic accident cases using a restorative justice approach and how to reconstruct the legal settlement of traffic accident cases with a restorative justice approach. The method used in this study uses an empirical approach and a normative juridical approach with the paradigm used by the constructivism paradigm. The results of the research show that the Weakness of the law in the settlement of traffic accident cases is in the lack of integration of legal arrangements for the settlement of criminal cases in the criminal law system, especially in the Criminal Procedure Code according to the rules of each institution. As a result, arrangements for settling cases based on restorative justice have not been able to guarantee legal certainty Therefore the legal reconstruction of the settlement of traffic accident cases with a restorative justice approach proposed by the author can be done by revising the provisions of Article 230 and Article 235 of Law no. 22/2009 concerning LLAJ, so that light, moderate and severe traffic accident cases can be resolved based on restorative justice. In addition to this, for heavy traffic accidents that cause fatalities, the settlement of cases based on restorative justice must not abort the prosecution of cases as it involves fatalities and therefore it must be processed normally.