The Effectiveness of the Implementation of Restorative Justice by the Asahan District Attorney’s Office in Resolving Traffic Accident Cases Resulting in Fatalities

Abstract

This study aims to analyze the effectiveness of the implementation of termination of prosecution based on restorative justice in resolving traffic cases resulting in fatalities. The approach employed is normative juridical, supported by empirical data, through an analysis of statutory regulations, legal doctrines, and law enforcement practices. The results of the study indicate that the application of restorative justice in terminating prosecution provides an opportunity to achieve a more humane, efficient, and recovery-oriented resolution of cases. From the victim’s perspective, this mechanism offers a faster avenue for recovery through compensation and direct apologies. For the offender, this approach prevents stigmatization and provides an opportunity to assume social responsibility. However, there is a potential imbalance in the protection of victims’ rights if the restorative process is not carried out voluntarily and transparently. Furthermore, from a societal perspective, the implementation of restorative justice can enhance the sense of justice, although in some cases it may still give rise to perceptions of unfairness if it is considered to overly accommodate the interests of the offender. Therefore, clear standards, supervision, and active participation from all parties are necessary to ensure that the effectiveness of restorative justice truly reflects a balance between legal certainty, justice, and utility.