Restorative Justice Approach in Resolving Fatal Traffic Accident Cases: A Legal and Implementation Analysis in District Courts

Abstract

The increasing number of traffic accidents resulting in loss of life has created serious problems in the criminal justice system. Law enforcement, which has historically focused solely on punishment, often fails to fully address the sense of justice for all parties, particularly victims and their families. In this context, the restorative justice approach presents itself as an alternative way to resolve cases, emphasizing the restoration of social relationships, accountability for perpetrators, and the fulfillment of a sense of substantive justice. This study aims to analyze the application of restorative justice in traffic accident cases resulting in death and to examine the judges' legal considerations in adapting this approach. The research methods used are normative and empirical, examining laws and regulations, court decisions, and judicial practice.