URGENSI PENERAPAN RESTORATIVE JUSTICE PADA TAHAP PENYELIDIKAN SEBAGAI PENDEKATAN PENYELESAIAN PERKARA KECELAKAAN LALU LINTAS

Abstract

Traffic accidents due to negligence often have a major impact on the victim, family, and perpetrator. In Indonesian law, this kind of case is generally handled with a retributive approach, where the perpetrator must be held criminally accountable for his actions. However, with the development  of Restorative Justice (RJ), there are alternative solutions that focus more on recovery. This study analyzes the urgency of implementing restorative justice at the investigation stage as an approach to resolving cases, as well as legal protection for victims' families in the implementation of Restorative Justice. With conceptual and legislative-based normative research methods, the results of the study show that the application of restorative justice at the investigation stage has the potential to avoid criminalization of perpetrators who do not have malicious intentions, encourage the recovery of victims as a whole, and reduce the burden on the judicial institution. However, the protection of victims' families must be prioritized through active involvement, the right to transparent information, and the right to recovery. Therefore, it is necessary to strengthen regulations and supervisory mechanisms so that the application of restorative justice remains within the legal corridor and ensures a sense of justice for all parties

Keywords: Restorative Justice, Traffic Accidents, investigations, protection of victims' families.