Penerapan Keadilan Restoratif Dalam Tindak Pidana Lalu Lintas
), Margie Gladies Sopacua(2), Erwin Ubwarin(3)
(1) Fakultas Hukum Universitas Pattimura, Ambon, Indonesia
(2) Fakultas Hukum Universitas Pattimura, Ambon, Indonesia
(3) Fakultas Hukum Universitas Pattimura, Ambon, Indonesia
Corresponding Author
Abstract
Introduction: The traffic accident that happened to DH (18), a member of the community from Laha Village, Teluk Ambon District, was declared dead after the motorcycle he was driving was hit by a car driven by an RT is a crime that is not a minor crime as stated in the State Police Regulations Republic of Indonesia Number 8 of 2021 concerning the Handling of Crimes Based on Restorative Justice, however this case was resolved peacefully, and investigators stopped the legal process.
Purposes of the Research: The research objective at this writing is to examine and discuss the concept of restorative justice in the criminal justice system. Reviewing and discussing restorative justice that can be applied to traffic crimes that result in the death of victims.
Methods of the Research: The research method used is empirical juridical research, which is a type of research used to look at legal aspects of social interaction in society.
Results of the Research: The concept of Restorative Justice is applied in the Criminal Justice System, for example the National Police Uses the National Police to issue a Circular of the Chief of Police Number: SE/8/VII/2018 dated 27 July 2018 in order to realize the public interest and a sense of justice for people who do not yet have a legal basis and can be used as a guideline for its implementation and in order to realize the non-uniform understanding and application of restorative justice within the Police. In its development, the National Police issued Republic of Indonesia National Police Regulation Number 8 of 2021 concerning Handling of Crimes Based on Restorative Justice. Restorative Justice can be applied in Traffic Crimes that result in the victim dying, using the basis of the Chief of Police Circular Letter Number: SE/8/VII/2018 which is then amended by Republic of Indonesia National Police Regulation Number 8 of 2021 concerning Handling of Crimes Based on Restorative Justice, and Article 236 of Law Number 22 of 2009 concerning Road Traffic and Transportation, as the basis for application.
Keywords
DOI
10.47268/tatohi.v3i12.2112
Published
2024-02-29
How To Cite
@article{TATOHI2112,
author = {Refliani Kiriwenno and Margie Sopacua and Erwin Ubwarin},
title = {Penerapan Keadilan Restoratif Dalam Tindak Pidana Lalu Lintas},
journal = {TATOHI: Jurnal Ilmu Hukum},
volume = {3},
number = {12},
year = {2024},
keywords = {Restorative Justice; Traffic; Crime},
abstract = {Introduction: The traffic accident that happened to DH (18), a member of the community from Laha Village, Teluk Ambon District, was declared dead after the motorcycle he was driving was hit by a car driven by an RT is a crime that is not a minor crime as stated in the State Police Regulations Republic of Indonesia Number 8 of 2021 concerning the Handling of Crimes Based on Restorative Justice, however this case was resolved peacefully, and investigators stopped the legal process.Purposes of the Research: The research objective at this writing is to examine and discuss the concept of restorative justice in the criminal justice system. Reviewing and discussing restorative justice that can be applied to traffic crimes that result in the death of victims.Methods of the Research: The research method used is empirical juridical research, which is a type of research used to look at legal aspects of social interaction in society.Results of the Research: The concept of Restorative Justice is applied in the Criminal Justice System, for example the National Police Uses the National Police to issue a Circular of the Chief of Police Number: SE/8/VII/2018 dated 27 July 2018 in order to realize the public interest and a sense of justice for people who do not yet have a legal basis and can be used as a guideline for its implementation and in order to realize the non-uniform understanding and application of restorative justice within the Police. In its development, the National Police issued Republic of Indonesia National Police Regulation Number 8 of 2021 concerning Handling of Crimes Based on Restorative Justice. Restorative Justice can be applied in Traffic Crimes that result in the victim dying, using the basis of the Chief of Police Circular Letter Number: SE/8/VII/2018 which is then amended by Republic of Indonesia National Police Regulation Number 8 of 2021 concerning Handling of Crimes Based on Restorative Justice, and Article 236 of Law Number 22 of 2009 concerning Road Traffic and Transportation, as the basis for application.},
issn = {2775-619X}, pages = {1218--1229} doi = {10.47268/tatohi.v3i12.2112},
url = {https://fhukum.unpatti.ac.id/jurnal/tatohi/article/view/2112}
}
Jurnal
Antory Royan Dyan, Pranata Hukum, Jurnal Ilmu Hukum program Studi Magister Ilmu Hukum Program Pascasarjana Universitas Bandar Lampung, Vol 7 No. 1 , Januari 2012
Margie G. Sopacua, Peran Balai Pemasyarakatan (Bapas) Dalam Proses Penyelesaian Tindak Pidana Yang Dilakukan Anak Berbasis Restoratif Justice, Jurnal Sasi Vol.21 No.2 Bulan Januari - Juni 2015
Wijaya, Irawan Adi, 2018, Pemberian Restitusi sebagai Perlindungan Hukum Korban Tindak Pidana, Jurnal Hukum Dan Pembangunan Ekonomi,Vol.6 No.2: 95.
Buku
Achamad Ali, Menguak Teori Hukum (Legal Theory) & Teori Peradilan (Judicial Prudence); Termasuk Interpretasi Undang-Undang (Legisprudence), Jakarta: Kencana. 2009.
Bagir Manan, Restorative Justice (Suatu Perkenalan), Jakarta: Perum Percetakan Negara RI. 2008.
C.S.T, Kansil dan Christine S.T. Kansil, Disiplin Berlalu Lintas di Jalan Raya, Jakarta: Rineka Cipta, 1995.
Marlina, Pengantar Konsep Diversi dan Restorative Justice dalam Hukum Pidana, Medan: USU Press, 2010
Muladi, Hak Asasi Manusia, Politik dan Sistem Peradilan Pidana, Semarang: Badan Penerbit Universitas Diponegoro, 2002.
S. R. Siaturi, Azas-Azas Hukum Pidana di Indonesia dan Penerapannya, Jakarta: Storia Grafika, 2002
Soejono Soekonto, Kejahatan dan Penegakan Hukum di Indonesia, Jakarta : Rineka Cipta, 1996
Sudarsono. Kamus Hukum, Jakarta: Rineka Cipta, 2009.
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| Dublin Core | PKP Metadata Items | Metadata for this Document | |
| 1. | Title | Title of document | Penerapan Keadilan Restoratif Dalam Tindak Pidana Lalu Lintas |
| 2. | Creator | Author's name, affiliation, country | Refliani Drevantly Kiriwenno; Fakultas Hukum Universitas Pattimura, Ambon; Indonesia |
| 2. | Creator | Author's name, affiliation, country | Margie Gladies Sopacua; Fakultas Hukum Universitas Pattimura, Ambon; Indonesia |
| 2. | Creator | Author's name, affiliation, country | Erwin Ubwarin; Fakultas Hukum Universitas Pattimura, Ambon; Indonesia |
| 3. | Subject | Discipline(s) | |
| 3. | Subject | Keyword(s) | Restorative Justice; Traffic; Crime |
| 4. | Description | Abstract | Introduction: The traffic accident that happened to DH (18), a member of the community from Laha Village, Teluk Ambon District, was declared dead after the motorcycle he was driving was hit by a car driven by an RT is a crime that is not a minor crime as stated in the State Police Regulations Republic of Indonesia Number 8 of 2021 concerning the Handling of Crimes Based on Restorative Justice, however this case was resolved peacefully, and investigators stopped the legal process.Purposes of the Research: The research objective at this writing is to examine and discuss the concept of restorative justice in the criminal justice system. Reviewing and discussing restorative justice that can be applied to traffic crimes that result in the death of victims.Methods of the Research: The research method used is empirical juridical research, which is a type of research used to look at legal aspects of social interaction in society.Results of the Research: The concept of Restorative Justice is applied in the Criminal Justice System, for example the National Police Uses the National Police to issue a Circular of the Chief of Police Number: SE/8/VII/2018 dated 27 July 2018 in order to realize the public interest and a sense of justice for people who do not yet have a legal basis and can be used as a guideline for its implementation and in order to realize the non-uniform understanding and application of restorative justice within the Police. In its development, the National Police issued Republic of Indonesia National Police Regulation Number 8 of 2021 concerning Handling of Crimes Based on Restorative Justice. Restorative Justice can be applied in Traffic Crimes that result in the victim dying, using the basis of the Chief of Police Circular Letter Number: SE/8/VII/2018 which is then amended by Republic of Indonesia National Police Regulation Number 8 of 2021 concerning Handling of Crimes Based on Restorative Justice, and Article 236 of Law Number 22 of 2009 concerning Road Traffic and Transportation, as the basis for application. |
| 5. | Publisher | Organizing agency, location | Faculty of Law Pattimura University |
| 6. | Contributor | Sponsor(s) | |
| 7. | Date | (YYYY-MM-DD) | 2024-02-29 |
| 8. | Type | Status & genre | Peer-reviewed Article |
| 8. | Type | Type | |
| 9. | Format | File format | |
| 10. | Identifier | Uniform Resource Identifier | https://fhukum.unpatti.ac.id/jurnal/tatohi/article/view/2112 |
| 10. | Identifier | Digital Object Identifier | 10.47268/tatohi.v3i12.2112 |
| 11. | Source | Title; vol., no. (year) | TATOHI: Jurnal Ilmu Hukum; Vol 3, No 12 (2024): Volume 3 Nomor 12, Februari 2024 |
| 12. | Language | English=en | en |
| 13. | Relation | Supp. Files | |
| 14. | Coverage | Geo-spatial location, chronological period, research sample (gender, age, etc.) | |
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