RESTORATIVE JUSTICE APPLICATION ON TRAFFIC ACCIDENT CASES AT THE MAKASSAR CITY POLICE RESORT, INDONESIA

Abstract

In criminal justice system, restorative justice is a step in order to achieve justice, peace, and expediency in the process of law enforcement, which includes resolving traffic accidents. This study tried examining and analyzing the application of restorative justice in handling the cases of traffic accidents at the Makassar Police Resort using a qualitative approach by conducting in-depth interviews, observations, and documentation. The findings demonstrate that restorative justice cannot be applied in all investigations since some parties prefer to have their cases elevated to the court. However, the Traffic Unit of Makassar Police Resort stated that most accident cases were resolved at the investigational stage with restorative justice. The absence of massive socialization on restorative justice, which leaves many people unaware of its nature and goals, is a hindrance to its implementation. Moreover, since it has not been governed by law, the legal framework for restorative justice in Indonesia is still biased among law enforcers. Therefore, this study suggests a revision in the Criminal Procedure Code that will include the provisions on restorative justice in a straightforward and detailed manner.