Mediasi Penal Sebagai Alternatif Penyelesaian Perkara Kecelakaan Lalu Lintas di POLRES Pasuruan

Abstract

In Pasuruan Regional police station amount of accidents in 2018 has decreased, but amount of dead victims still relatively high. In 2018 there 533 events, in 2017 there 809 events and 2016 there 908 events, if on average there 756 events in the last 3 years. The majority of settlement the case uses the mediation of penal process. So the authors interested in researching the basis of the implementation of penal mediation as an alternative to the settlement of cases in traffic accidents in Pasuruan Regional Police and the obstacles the implementation of traffic accident settlement through mediation penalties. The method in this study uses a qualitative approach data collection techniques through interviews and documentation studies. Data analysis techniques based on data collection, data reduction, data display verification and confirmation of conclusions. The basis of implementation the mediation of law, among others, legal basis and sociological basis The juridical basis used includes the authority to "act according to self-assessment" as regulated in Article 18 of Law Number 2 of 2002. While the sociological basis includes the perpetrators and victims alike agreeing to make peace; In the event the offender is not entirely guilty; The impactor is willing to provide compensation of money and medical expenses to the victim; and the immature age of the traffic accident perpetrators. Barriers to the implementation the mediation of penalties include conflicts with penal system that applies in UULLAJ. The second obstacle the conflict between the interests of the perpetrators and victims, in this case between the wishes of the victims who sometimes expect high compensation or there are several parties from victims who do not agree with each other. The next obstacle is the existence of a clash in the value of legal certainty where compensation will basically not stop the accident case process.