PENERAPAN RESTORATIVE JUSTICE TERHADAP PENYELESAIAN PERKARA KECELAKAAN LALU LINTAS

Abstract

Traffic problems are one of the problems that often occur in
developed and developing countries. So far, the resolution of traffic accident
cases is mostly resolved by penal efforts compared to non-penal efforts. Based
on this, the author wants to analyze and understand the expansion of the
application of the concept of restorative justice in solving traffic accident cases
and the legal consequences for perpetrators by applying the concept of
Restorative Justice in traffic accident cases. This study uses a descriptive
analysis method with a normative juridical approach. The results of this study
indicate that the concept of applying restorative justice in solving traffic
accident cases is the goal of punishment because imprisonment is not the best
solution in solving traffic accident cases, because the losses caused to victims
can still be restored so that the spirit to seek recovery at once ensure the
creation of a sense of justice and humanity, prioritizing the interests of victims
and perpetrators. And the legal consequences for the perpetrators are the
obligation to return, replace or restore all losses caused by traffic accidents
caused by the perpetrators so that justice can be achieved for the victims.