The Role of the Police in Solving Traffic Accidents Through a Restorative Justice Approach

Abstract

Traffic accidents are one of the criminal acts that often occur in Indonesia and cause both material and immaterial losses to the parties involved. In law enforcement practice, the resolution of traffic accident cases is not only oriented towards criminalization, but also prioritizes the restoration of relationships between perpetrators, victims, and the community through a restorative justice approach. The police as the front line in the criminal justice system have a strategic role in facilitating fair case resolution, providing protection for victims' rights, and creating legal certainty without ignoring human values. This study aims to analyze the role of the police in resolving traffic accident crimes through a restorative justice approach, identify factors that support and hinder its implementation, and formulate efforts to optimize the application of this approach. The research uses an empirical legal research method with a juridical-sociological approach. Data was obtained through literature studies and field research in the form of interviews with police officers and parties related to the handling of traffic accident cases. The data obtained was analyzed qualitatively. The results of the study show that the police play a role as law enforcers, mediators, facilitators, and supervisors in the process of resolving traffic accident cases through restorative justice. This approach is able to provide a more effective, fast, and just settlement by prioritizing deliberation, peace, recovery of victims' losses, and the restoration of social relations between the parties. However, its implementation still faces various obstacles, including the lack of uniform understanding of the apparatus regarding the concept of restorative justice, limited technical regulations, and low public legal awareness. Therefore, it is necessary to strengthen regulations, increase the capacity of police officers, and socialize to the public so that the application of restorative justice in resolving traffic accident crimes can be carried out optimally, providing legal certainty, justice, and benefits for all parties.