1. LATIF USMAN - Doctoral Program in Law, Faculty of Law, Diponegoro University, Jl. Prof. Soedarto, SH., Tembalang,
Semarang, Indonesia.
2. YUSRIADI - Lecturer of Doctoral Program in Law, Faculty of Law, Diponegoro University, Jl. Prof. Soedarto, SH.,
Tembalang, Semarang, Indonesia.
3. DEDI PRASETYO - Lecturer of Doctoral Program in Law, Faculty of Law, Diponegoro University, Jl. Prof. Soedarto, SH.,
Tembalang, Semarang, Indonesia.
This study aims to study; (1) Why is the policy for handling the incident resulting in death not based on the value of justice?; (2) What problems occurred in the implementation of the implementation of restorative justice in the case of the current laka resulting in death?; (3) Reconstruction of justice restoration policies in cases of later laka resulting in death based on the value of justice?. The research method used is empirical juridical with a legal approach, concept approach, and case studies. The results showed that; (1) The current policy for handling incidents resulting in death is not based on the value of justice due to several things including; a) legal factors; the absence of regulation against unintentional negligence that causes traffic accidents; b) Law Enforcement factors; Law Enforcement hesitancy to handle cases due to the uncooperation of perpetrators and witnesses; c) means factors; limited facilities and infrastructure compared to Police Jurisdiction; d) Low public legal awareness of traffic order; e) The legal culture of society; Peacefully traffic accident cases without law enforcement involvement. (2) Various problems that occur in the implementation of the implementation of restorative justice in the case of past laka that result in death at this time due to several things including; a) legal factors; the absence of guidelines governing the limits of law enforcement discretion; b) Law Enforcement factors; Law Enforcement has difficulty handling cases due to the uncooperation of perpetrators and witnesses; c) means factors; limited facilities and infrastructure compared to Police Jurisdiction; d) Community legal awareness; ignorance of the public that the position of the peace letter does not invalidate the claim in Court; e) The legal culture of society; The public tends to shy away from Law Enforcement in resolving traffic accident disputes and fear being a witness in the event of an accident that causes someone to die. (3) Reconstruction of justice restoration policies in cases of past laka resulting in death based on justice values can be carried out in several cases including; a) legal factors; Creation of guidelines that regulate the limits of discretionary authority of law enforcement; b) Law Enforcement factors; Improve the ability, knowledge, and skills of law enforcement; c) means factors; improve facilities and infrastructure in accordance with Police Jurisdiction; d) Public legal awareness; increase public legal awareness that the position of the peace letter does not invalidate claims in Court; e) The legal culture of society; fostering a culture of community law that is orderly and cooperative with law enforcement.
Reconstruction, Policy, Restorative, Accident, Traffic, Death.