Nainggolan, Riris (2025) Penerapan Restoratif Justice Dalam Perkara Kecelakaan Lalu Lintas Hingga Menyebabkan Korban Meninggal Dunia Di Wilayah Hukum Polres Rokan Hilir. Masters thesis, Universitas Islam Riau.

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Abstract

Traffic accidents that resulted in the death of the victim in the jurisdiction of the Rokan Hilir Police often cause complex legal problems. The application of the restorative justice approach as an alternative to resolving criminal cases faces various challenges, ranging from the unclear legal basis to economic disparities between perpetrators and victims. This study aims to identify inhibiting factors that affect the effectiveness of the application of restorative justice in the case of traffic accidents that result in the death of the victim. The formulation of the problem in this study is: how is the application of restorative justice in traffic accident cases that cause the death of the victim in the jurisdiction of the Rokan Hilir Police and what are the factors that hinder the application of restorative justice in traffic accident cases that cause the death of the victim in the jurisdiction of the Rokan Hilir Police. This research uses a normative legal approach by analyzing related laws and regulations, including Law No. 22 of 2009 concerning Road Traffic and Transportation, Police Regulation of the Republic of Indonesia No. 8 of 2021 concerning Restorative Justice, and the Criminal Code. In addition, this study also uses empirical legal methods through in-depth interviews with the Rokan Hilir Police Headquarters, the Perpetrators of the Accident, and the Victim's Family, as well as the analysis of case documents that have been restoratively resolved. The results of the research show that the application of restorative justice for traffic accidents that resulted in the death of victims at the Rokan Hilir Police Station faces legal and implementation obstacles. The lack of clarity in regulations between the Indonesian National Police Regulation No. 8 of 2021 and the LLAJ Law causes inconsistency in implementation, while the absence of compensation standards and economic inequality for the perpetrators causes injustice. The lack of trained mediators and weak coordination between agencies make the situation worse. Solutions needed include revision of the LLAJ Law, standardization of procedures, and increasing the capacity of mediators to ensure substantive justice. Restorative justice for the accident that resulted in the death of the victim in Rokan Hilir is hampered by: (1) legal ambiguity between the Indonesian National Police Regulation No. 8 of 2021 and the LLAJ Law, (2) the absence of fair compensation standards, (3) the limitation of mediators, and (4) weak institutional coordination. It is necessary to revise regulations, standardize procedures, and increase the capacity of mediators to realize substantial justice.

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