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All Journal Ipso Jure
Darsis Humah
IAIN Ternate Fak. Syariah Hukum Tatanegara. (Siyasah Syar'iyyah)
Law, Crime, Criminology & Criminal Justice

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Restorative Justice for Traffic Crimes Resulting in Fatalities : Ethical and Legal Considerations Rachmadi Usman; Darsis Humah
Ipso Jure Vol. 2 No. 11 (2025): Journal of Ipso Jure-December
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/5anep097

Abstract

The application of restorative justice (RJ) in fatal traffic accident cases in Indonesia still faces legal and normative challenges. This study uses a normative juridical method to analyze existing regulations and compare retributive justice with restorative justice within the Indonesian legal system. The findings show that while RJ offers a solution based on relationship restoration, Indonesia's legal system, dominated by retributive justice, still prioritizes criminal punishment as the primary resolution. Legal gaps and normative ambiguities are the main obstacles to the application of RJ in fatal accident cases. In conclusion, to optimize the application of RJ, legal reforms are needed to integrate RJ into Indonesia's judicial system, without neglecting victims' rights.
Co-Authors Rachmadi Usman