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Original Research

MODEL OF SOLVING CASES OF HEAVY TRAFFIC ACCIDENTS THAT CAUSE DEATH

BUDI SETIYONO 1, YUSRIADI 2, and IRMA CAHYANINGTYAS 3.

Vol 18, No 12 ( 2023 )   |  DOI: 10.5281/zenodo.10369199   |   Author Affiliation: Doctoral Program in Law, Faculty of Law, Diponegoro University, Jl. Prof. Soedarto, SH., Tembalang, Semarang 1; Lecturer in Doctoral Law Program, Faculty of Law, Diponegoro University, Jl. Prof. Soedarto, SH., Tembalang, Semarang 2,3.   |   Licensing: CC 4.0   |   Pg no: 834-848   |   Published on: 12-12-2023

Abstract

This study aims to study; 1) What are the Case Resolution Models that can be used to solve traffic accident cases that cause death?; 2) How effective is the model for solving cases of heavy traffic accidents that result in death? The research method used is empirical juridical with a legal approach, concept approach, and case studies. The results showed that; 1) Case Resolution Models that can be used to solve Traffic accident cases are: Alternative Dispute Resolution (ADR), Restorative Justice; 2) The settlement of traffic accident cases in Indonesia can be resolved through the criminal justice system, but in general the perpetrators hold an out-of-court peace process with the victim's family so that a peace agreement occurs between the parties. The peace model is known as the restorative justice approach model which until now has not been accommodated in laws and regulations so that law enforcement officials are hesitant to make peace agreements a consideration to stop or continue investigations. Efforts to approach restorative justice in traffic accident cases provide a sense of justice for both perpetrators and victims. However, the implementation of the termination of the investigation because a restorative justice approach has been carried out in traffic accidents cannot be carried out absolutely because there are several criteria that must be used as a benchmark in making decisions regarding investigations.


Keywords

Settlement Model, Severe Traffic Accident Cases, Causing Death Toll.