Aspek Hukum Penerapan Restorative Justice yang Dilakukan Penyidik Kepolisian terhadap Kecelakaan Lalu Lintas oleh Anak yang Mengakibatkan Korban Meninggal Dunia

Abstract

Restorative justice is a method that emphasizes an approach to restoring relationships between perpetrators, victims, and the community. Its application by investigators plays an important role, especially in providing legal protection for children in conflict with the law, based on Police Regulation Number 8 of 2021. The purpose of this writing is to examine the legal aspects of the application of Restorative Justice implemented by police investigators in handling traffic accident cases with child perpetrators resulting in victims' deaths, as well as to identify the inhibiting factors that arise in its enforcement process. This research uses an empirical juridical method, with data collection techniques through semi-structured interviews and documentation studies. Based on research findings, the legal aspects of implementing Restorative Justice are highly dependent on the level of support, readiness, and commitment of all parties involved. At the West Pasaman Police Resort, recovery efforts are manifested in the form of mediation and achieving agreements, including financial compensation, official apologies, and supervision of social contributions in the compensation process actively and effectively. One of the main inhibiting factors faced is the difficulty in obtaining approval from the victim's family. Therefore, it is expected that the police can conduct more intensive socialization to the community regarding the benefits of Restorative Justice, so that the community can better understand that handling children's cases has different characteristics compared to adults, and that legal sanctions do not always end in imprisonment, but can prioritize mediation as a means of creating a deterrent effect.