Penerapan Restorative Justice dalam Perkara Kecelakaan Lalu Lintas yang Menyebabkan Kematian (Studi Kasus di Kepolisian Sektor Medan Kota)

Abstract

Traffic accidents are unexpected events that involve at least one motorized vehicle on one road segment and cause material losses to the point of even fatalities. So that the most important restorative justice efforts are suggested to approaches to justice for victims and perpetrators, because the concept of restorative justice involves various parties to resolve a problem related to criminal acts committed by the community. The purpose of this research is to find out the provisions of the application of Restorative Justice to cases of traffic accidents that result in death in the Medan City Police Sector Area and to find out the obstacles faced by the Medan City Sector Police in the Implementation of Restorative Justice against traffic accidents. The research method used in this study is library research conducted based on reading materials, such as books, laws, journals and the opinions of scientific and legal experts who are scientifically related to the issues discussed in writing this thesis. Field studies, namely research carried out directly, namely at the Medan City Sector Police by collecting data information and information from interviews with the city field police chief and looking for examples of cases related to the thesis title. Based on the results of the study, the application of the police in the Medan Kota District Police Office to the case of traffic accidents was determined to be resolved with a restorative justice approach in order to avoid prolonged conflict and the number of cases entered into the court. the victim's side with the perpetrators peacefully and accompanied by the Medan City Police Sector police so that the case was not continued by the court. Obstacles in carrying out the settlement of traffic accident cases through the restorative justice approach are the difficulty of finding witnesses which often occurs in accidents that occur in quiet and dark areas, so it is very difficult to find witnesses who witnessed the incident directly. The evidence around the crime scene and other instructions is not strong enough to reveal an incident that resulted in the death of the victim, that the victim with the perpetrator has made peace by compensating for any damage or illness of the victim in accordance with what was agreed upon by the Medan City Police.