Unveiling Restorative Justice Regulation in A Traffic Accident Crime Based on Pancasila Justice

DOI

10.2991/978-2-38476-315-3_62How to use a DOI?

Keywords

Restorative Justice; Traffic Accident; Pancasila Justice

Abstract

If the parties involved reach a peace agreement, the Traffic and Road Transport Law permits the resolution of criminal acts and traffic accidents through non-judicial means. Nevertheless, this approach does not halt the criminal procedure in court. This research aims to determine the National Police’s discretion in terminating investigations by incorporating the concept of restorative justice, a foundational principle of Pancasila justice. This research is normative and employs a legal and conceptual framework. The statutory regulatory approach entails an examination of all statutory regulations relating to traffic accident offenses. A conceptual approach is used to analyze the concepts and theories of justice, restorative justice, and punishment. This research’s results indicate that courts continue to resolve traffic accident offenses today. The reconciliation between the perpetrator and the victim of a traffic accident offense is solely a mitigating factor in the courtroom. Consequently, a more comprehensive law is required to address criminal traffic incidents by intervening in all law enforcement agencies by Pancasila values. Police investigations can conclude without depending on the discretionary and transparent system’s norms.

Copyright

© 2024 The Author(s)

Open Access

Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

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TY  - CONF
AU  - Eva Yuliana
AU  - Hartiwiningsih Hartiwiningsih
AU  - I Gusti Ayu Ketut Rachmi Handayani
PY  - 2024
DA  - 2024/12/24
TI  - Unveiling Restorative Justice Regulation in A Traffic Accident Crime Based on Pancasila Justice
BT  - Proceedings of the International Conference on Cultural Policy and Sustainable Development (ICPSD 2024)
PB  - Atlantis Press
SP  - 455
EP  - 460
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-38476-315-3_62
DO  - 10.2991/978-2-38476-315-3_62
ID  - Yuliana2024
ER  -