PRINCIPLES OF RESTORATIVE JUSTICE REGARDING CRIMINAL ACTS OF TRAFFIC ACCIDENTS FROM A JUSTICE PERSPECTIVE IN INDONESIA

Abstract

The existence of resolving cases outside of court through restorative justice or penal mediation is a new dimension to be studied from theoretical and practical aspects. Examined from the practical dimension, penal mediation will correlate with achievements in the world of justice. As time goes by, there is an increase in the volume of cases in all forms and variations entering the courts, so that the consequences become a burden for the courts in examining and deciding cases according to the principle of "simple, fast and low-cost justice" without having to sacrifice the achievement of the objectives of justice, namely legal certainty, expediency and justice. Do all types of criminal cases have to be filed and resolved before the court, or are there certain cases that can be resolved through penal mediation? In polarization and penal mediation mechanisms, as long as this is truly desired by the parties (suspect and victim), as well as to achieve broader interests, namely maintaining social harmonization. In its development, in responding to the legal needs of society which fulfills a sense of justice for all parties and refers to the authority of the Police as regulated in Article 16 and Article 18 of Law No.2/2022 concerning Polri, the Chief of Police of the Republic of Indonesia (Kapolri) deems it necessary to formulate a new concept in enforcement of criminal law that better accommodates the norms and values ​​of justice, thereby encouraging the National Police Chief to issue Regulation of the Head of the National Police of the Republic of Indonesia Number 8 of 2021 concerning the handling of criminal acts based on restorative justice.