PENERAPAN RESTORATIF JUSTICE DALAM KERANGKA ULTIMUM REMEDIUM TERHADAP PENANGANAN KELALAIAN BERKENDARA YANG MENYEBABKAN KEMATIAN

Abstract

This study aims to: 1. To find out and understand the application of restorative justice within the framework of ultimum remedium to the handling of driving failures that cause death 2) To find out and understand the inhibiting factors What factors inhibit the application of restorative justice to the handling of traffic jams that cause death. This study is a normative study, using a conceptual approach (conceptual approach) that departs from the views and doctrines that develop in legal science. By studying the views on the Principle of Ultimum Remedium and Restorative Justice. The results of this study conclude that the Application of Restorative Justice to traffic accidents is still relatively new and limited. However, there have been several efforts and initiatives that have been made to apply the principles of Restorative Justice in handling traffic accidents, although they have not been widely implemented throughout the country. Several law enforcement agencies in Indonesia have begun to introduce mediation programs between victims and perpetrators of traffic accidents. In this program, the mediator helps facilitate dialogue between victims and perpetrators to reach an agreement on compensation, forgiveness, and recovery. The application of Restorative Justice within the ultimum remedium framework to handle driving violations can be hampered by several factors, including the existing legal culture.