Year: 2024 | Month: March | Volume: 11 | Issue: 3 | Pages: 376-386
DOI: https://doi.org/10.52403/ijrr.20240347
The Role of the Indonesian National Police in Implementing Restorative Justice in Cases of Traffic Accidents Resulting in Injuries (A Study in the North Sumatra Regional Police)
Desrine Putri Niken1, Andry Syafrizal Tanjung2, Yasmirah Mandasari Saragih3
1,2,3Master's Program in Law, Universitas Pembangunan Panca Budi, Medan, Indonesia
Corresponding Author: Desrine Putri Niken
ABSTRACT
Settlement of cases outside the court through Restorative Justice (RJ) or penal mediation is a new approach in law that is being explored. RJ, especially in cases of traffic accidents, is seen in court rulings that indicate compensation agreements between perpetrators and victims. RJ is also applied in Article 98 of the Criminal Procedure Code, allowing for compensation agreements and discussions on loss values between victims and perpetrators. However, the limitations of applying RJ at the police and prosecutor levels are not yet clear, while in court, RJ is used to achieve peace through penal mediation and diversion programs. With the enactment of the new Criminal Code Law, which incorporates the concept of RJ, the hope for legal conformity with Pancasila values is growing. The substance of the new Criminal Code Law emphasizes the recovery of victims as the main focus, marking a shift from criminal orientation to the integration of the interests of society, victims, and perpetrators of crime. While the police have the authority to stop investigations under certain conditions, considering the law, urgent circumstances, and human rights.
Keywords: Restorative Justice, Traffic Accident, Injured Victim.
[PDF Full Text]