Application of Restorative Justice in Case of Traffic Accident What Unage Children Do in the Legal Area of the Kudus Polres

DOI

10.2991/978-2-38476-074-9_31How to use a DOI?

Keywords

Traffic Accidents; Minors; Restorative Justice

Abstract

Traffic accidents are one of the most common types of crime in people’s lives because they are influenced by technological advances and are one of the biggest causes of death in Indonesia. The involvement of minors as perpetrators demands special treatment from the point of view of state law and religious law. The settlement of traffic accident cases carried out by minors in the jurisdiction of the Kudus Police is entirely carried out by applying restorative justice. This study aims to analyze the application of restorative justice in cases of traffic accidents committed by minors in the jurisdiction of the Kudus Police and to find out the obstacles and solutions. This study uses a sociological juridical research method with descriptive analysis specifications based on primary data and secondary data. Primary data was obtained by means of interviews and secondary data obtained by literature study and then analyzed qualitatively. The research problems were analyzed by law enforcement theory, accountability theory and restorative justice theory. Based on the results of the study it can be concluded; 1) Kudus Police in resolving traffic accident cases involving minors is carried out through a diversion mechanism according to the mandate of the law in the form of restorative justice. 2) Obstacles faced by investigators include who will accompany children who are in conflict with the law at the time of examination and or mediation, if they do not have parents and or are far from their parents and are still pursuing primary or secondary education and the involvement of many parties who are still involved. Administrative problems in the bureaucracy. 3) An effective solution has been found that has been implemented by the Kudus Police and has been proven to produce results so that all traffic accident cases involving minors at the Kudus Police can be carried out by applying restorative justice.

Copyright

© 2023 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  - Hendri Nunpia Dinka Barus
PY  - 2023
DA  - 2023/06/27
TI  - Application of Restorative Justice in Case of Traffic Accident What Unage Children Do in the Legal Area of the Kudus Polres
BT  - Proceedings of the 5th Legal International Conference and Studies (LICS 2022)
PB  - Atlantis Press
SP  - 265
EP  - 271
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-38476-074-9_31
DO  - 10.2991/978-2-38476-074-9_31
ID  - Barus2023
ER  -