Bagus Basuki Hadi
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Tinjauan Yuridis Terhadap Penerapan Restorative Justice Dalam Kecelakaan Lalu Lintas (Studi Kasus Di Polres Jakarta Selatan Tahun 2018 - 2020) Bagus Basuki Hadi
Jurnal Ilmiah Wahana Pendidikan Vol 9 No 9 (2023): Jurnal Ilmiah Wahana Pendidikan
Publisher : Peneliti.net

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.7939424

Abstract

The settlement of criminal cases through restorative justice at the investigation stage is regulated in the Chief of Police Circular Letter Number 8 of 2018 concerning the Application of Restorative Justice in Criminal Case Settlement, which regulates that case settlement through restorative justice before the Notice of Commencement of Investigation is sent to the Public Prosecutor and its application to all criminal offenses that do not cause human victims so that it creates problems in its application. This research is a normative-empirical juridical research using a statutory approach and a case approach. Primary data collection techniques through field research and literature research to obtain secondary data. The result of the research is that the application of restorative justice in the settlement of serious traffic accident cases at the South Jakarta Metro Police is carried out by the Investigator after the peace between the perpetrator and the victim's family which is carried out after the Investigator sends a Notice of Commencement of Investigation to the South Jakarta Prosecutor's Office so that the case handling is not continued. Factors influencing the application of restorative justice in the settlement of serious traffic accident cases consist of law enforcement factors, namely the knowledge and understanding of Investigators of the applicable laws and regulations, legal substance factors, namely the substance of the Chief of Police Circular Letter which regulates material requirements that do not accommodate case settlements with human victims and formal requirements regarding the time period in the application of restorative justice only for criminal acts at the investigation stage before sending a Notice of Commencement of Investigation, and community legal culture factors related to values, attitudes and behaviors in community life so as to influence decision making to resolve traffic accident cases experienced through restorative justice.