AMBIGUITAS PENERAPAN RESTORATIVE JUSTICE TERHADAP KASUS KECELAKAAN LALU LINTAS YANG MENIMBULKAN KORBAN JIWA
Abstract
Implementation of restorative justice to resolve the traffic accident cases which caused victims are common and seemed to be an argument which will be used by the parties as a form of criminal law liability agreement. The problems appear when the restorative justice needed as an important thing to resolve the traffic accidents cases which caused victims are faced to various conflict which will be arose the ambiguity in application of restorative justice itself, let see how is the prospect of restorative justice implementatiton to resolve the traffic accident cases in the future. By using the normative approach, it can be concluded that restorative justice is needed by the conflict parties such as applicable criminal system conflict, conflict of interest between prepetrators and victims, and the conflict of legal certainty system. Along with the growing thingking about the purpose of punishment, the restorative justice application on the traffic accident cases has an open prospect to formally apply. Through the policy formulatization in formal restorative justice into Traffic ergulation and Road Transportation, the parties will get the value of legal certainty.
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DOI: http://dx.doi.org/10.33331/rechtsvinding.v2i2.72
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