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All Journal JUNCTO: Jurnal Ilmiah Hukum Rechtsvinding
Bahajjad, Omar Abdul Rahman
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Arts Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Penyelesaian Kasus Laka Lantas Yang Menimbulkan Korban Kematian Melalui Restoratif Justice (Studi Pada Satlantas Polrestabes Medan) Bahajjad, Omar Abdul Rahman; Sitorus, Nanang Tomi
JUNCTO: Jurnal Ilmiah Hukum Vol 7, No 1 (2025): JUNCTO : Jurnal Ilmiah Hukum JUNI
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/juncto.v7i1.6140

Abstract

Traffic accidents resulting in fatalities have become a serious issue in Indonesia, including within the jurisdiction of the Medan Metropolitan Police (Polrestabes Medan). To pursue a more humane and efficient resolution, restorative justice has been implemented as an alternative to conventional litigation. This study aims to evaluate the effectiveness and challenges of implementing restorative justice in resolving fatal traffic accident cases. Using an empirical juridical approach, this research combines literature studies with in-depth interviews involving police officers and other related parties. The findings reveal that restorative justice significantly contributes to peaceful resolution through penal mediation, although its implementation still faces normative barriers, legal culture constraints, and public perception issues. The study concludes that despite the absence of explicit legal provisions, police discretion and strong local cultural support make restorative justice a relevant and effective approach in addressing traffic accident cases with fatal outcomes in society.
Resolution of Traffic Accident Cases Resulting in Death Through Restorative Justice (A Study at the Polrestabes Medan) Bahajjad, Omar Abdul Rahman; Sitorus, Nanang Tomi
Rechtsvinding Vol. 3 No. 1 (2025)
Publisher : Civiliza Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59525/rechtsvinding.v3i1.680

Abstract

Traffic accidents that result in fatalities are tragic events that not only affect the victim and the perpetrator, but also the victim's family and the wider community. In an effort to achieve a more humane and just resolution, restorative justice approaches have been adopted as an alternative to formal court proceedings in criminal cases. This study aims to analyze the application of restorative justice by the Traffic Unit (Satlantas) of Medan City Police (Polrestabes Medan) in handling fatal traffic accident cases and identify the supporting and inhibiting factors in its implementation. This research uses normative juridical method with qualitative approach, supported by primary and secondary data collected through literature study and interviews with police officers and related stakeholders. The results showed that the implementation of restorative justice at Satlantas Polrestabes Medan involved a mediation process between the offender and the victim's family, with the participation of community leaders and under police supervision. Agreements reached usually include an apology, compensation, and a commitment to prevent future offenses. Supporting factors for this approach include mutual agreement between the parties and support from the community and law enforcement.
Co-Authors Nanang Tomi Sitorus