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p-Index From 2021 - 2026
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All Journal Journal of Law, Poliitic and Humanities
Wayan Santoso
Universitas Ngurah Rai, Bali, Indonesia
Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Criminal Law Policy on the Application of Restorative Justice to Traffic Offenses Resulting in Death Wayan Santoso; Nyoman Abraham Jason Santoso
Journal of Law, Politic and Humanities Vol. 6 No. 6 (2026): (JLPH) Journal of Law, Politic and Humanities
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v6i6.3886

Abstract

There are interpretive issues regarding traffic offenses resulting in death as regulated under Article 310 paragraph (4) of Law Number 22 of 2009 which stands at the intersection between the exclusion clauses of Article 82 letters e and f of the new Criminal Procedure Code. This study aims to analyze the juridical position of restorative justice following the reform of the Criminal Code and Criminal Procedure Code, as well as to formulate a more proportional direction for criminal law policy in its application to fatal traffic offenses. The research employs a normative juridical method with statutory and conceptual approaches. The findings show that restorative justice constitutes a manifestation of the objectives of punishment under Articles 51 and 54 of the National Criminal Code, a textual disharmony exists between Article 82 letters e and f of the Criminal Procedure Code concerning fatal traffic offenses. A systematic examination of the structure of the National Criminal Code reveals a separation between intentional homicide offenses (Chapter XXI) and negligence-based offenses causing death (Chapter XXIII). Article 310 paragraph (4) of the Road Traffic Law is more appropriately classified as a negligence-based offense. This normative ambiguity still requires further clarification through legislative harmonization.
Co-Authors Nyoman Abraham Jason Santoso