The implementation of restorative justice in the traffic crime investigation procedures in central Java Indonesia based on justice value

Wahyuningsih S.E., Samodra R., Wahyono D.

Abstract

The purpose of this study is to explore and to analyze the values of local wisdom to carry out the reconstruction of peace as a legal protection in the implementation of restorative justice at the level of investigation of criminal acts of traffic. The method used in this research was empirical approach method. The legal material consists of primary and secondary data. Primary data were obtained by interviewing selected responses with purposive non random sampling technique. The interviews were conducted with guided free techniques with respondents consisting of community leaders, lecturers and police who handled traffic affairs in Region of Central Java. The secondary data obtained by literature study. The data collected were then analyzed by qualitative methods. The result of the research stated that the investigation process on the traffic crime is based on the value of justice. The investigator still conducts an examination of accident-related parties to clarify the position of the case. Furthermore, the consciousness and mutual agreement from both parties, they request to the Investigator that the case is not preceded to the Court process. They argue that both parties agree that the traffic accident is a disaster that can happen to anyone and anywhere without the element of deliberate. Usually they have their own deliberations, and if it is required Investigators to help mediation independently. After they all agree, both parties make a collective agreement and do not mutually prosecute legally.

Journal
Man in India
Page Range
97-109
Volume
97
Issue Number
24
Publication date
2017
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