Danish Jonathan Christoper, . (2024) PENERAPAN RESTORATIVE JUSTICE TERHADAP PELAKU TINDAK PIDANA KECELAKAAN LALU LINTAS YANG MENGAKIBATKAN KORBAN LUKA BERAT. Skripsi thesis, Universitas Pembangunan Nasional Veteran Jakarta.
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Abstract
The implementation of Restorative Justice (RJ) has not yet been directly regulated in legislation. Restorative Justice (RJ) is governed by the Attorney General Regulation No. 15 of 2020 regarding Termination of Prosecution Based on Restorative Justice. Restorative Justice is a resolution of criminal cases involving the perpetrator, the victim, their families, and other related parties to collaboratively seek a fair resolution, emphasizing restoration to the original state rather than retribution. The research method in this thesis is a normative legal approach, using both statute and case approaches. The statute approach prioritizes legislation as a fundamental reference to investigate deficiencies or deviations in its implementation and to study the consistency among laws. This research also relates to examples of traffic accident cases and the involvement of both perpetrators and victims. The cases examined are those resolved through restorative justice by the prosecutor before entering the judicial process. The issues addressed in this research are the conditions under which a criminal act can be subject to Restorative Justice by the prosecutor without transferring the case to court, and how Restorative Justice is applied in Indonesia for traffic offenses involving serious injury. Restorative Justice by prosecutors in traffic accident cases resulting in serious injury or death is still limited. Although there are efforts to halt prosecution based on restorative justice principles, as regulated in the Attorney General Regulation No. 15 of 2020, there are several challenges that need to be addressed. These challenges include rigid provisions and a lack of specific regulations for traffic accident cases. Therefore, to better optimize the application of Restorative Justice, adjustments and updates in the applicable regulations are necessary to provide better justice, especially in handling cases involving serious injury victims due to traffic accidents.
| Item Type: | Thesis (Skripsi) |
|---|---|
| Additional Information: | [No. Panggil : 1810611359] [Pembimbing : Rosalia Dika Agustanti] [Ketua Penguji : Abdul Kholiq] [Penguji 1 : Yuli Yuliana] [Penguji 2 : Rosalia Dika Agustanti] |
| Uncontrolled Keywords: | Restorative Justice, Traffic Accident Crime |
| Subjects: | K Law > K Law (General) |
| Divisions: | Fakultas Hukum > Program Studi Hukum (S1) |
| Depositing User: | DANISH JONATHAN CHRISTOPER |
| Date Deposited: | 04 Oct 2024 02:31 |
| Last Modified: | 04 Oct 2024 02:31 |
| URI: | http://repository.upnvj.ac.id/id/eprint/33631 |
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