Legal Analysis of the Implementation of Restorative Justice in Traffic Accident Cases at the Makassar City Resort Police

Abstract

This study aims to determine the implementation and inhibiting factors of restorative justice in resolving traffic accidents at the Makassar  City Police. This research is an empirical normative legal research with an approach carried out at the Makassar  City Police Resort, especially in the Traffic Unit Accident Unit. The method used is interview, observation and documentation. Research Results The implementation of restortative justice in the settlement of traffic accidents at the Makassar  City Police Resort has not run optimally based on the Indonesian National Police Regulation No. 8 of 2021 concerning the Handling of Crimes based on Restorative Justice by relying on two conditions, namely formal requirements and material requirements. The two conditions include the absence of peace between the two parties which is a formal requirement so that the material requirements are not fulfilled to fulfill the agreement. The factors that include the police, especially Makassar  Police Investigators in investigating traffic violations that cause traffic accidents in the Makassar  Polrestabes area consist of two factors, namely internal factors (a) facilities and infrastructure and (a) legal and external factors (a) awareness and (b) culture.