Model of Restorative Justice Settlement in Traffic Accidents with Child as the Perpetrator in Polres Rembang Indonesia

Abstract

The rise of traffic accidents on the highway recently with the child as the perpetrator which caused fatalities gives and extra black sheet to the traffic law. People often see that traffic accidents that cause injuries and death is the false of the driver. This research formulates how the model of restorative justice solution in the case of traffic accident with child as perpetrator in Polres (Resort Police) Rembang Indonesia, the obstacle faced by investigator and the solution to obstacle in handling traffic accident case conducted by child in Polres Rembang. Research method used in this study was empirical juridical approach by using primary data obtained by conducting an interview with the investigator handling the case. The result of the investigator in solving the traffic accident case with the child actor is through a diversion process. It aims to avoid the child from detention and obtaining the label as a bad boy, saving the child's mental, physical and mental to the bad effect if detention and responsible with his actions. The settlement with the diversion model involves the perpetrator, the victim, the family and the investigator. Constraints faced by investigators in the diversion process are the presence of less cooperative actors of the victims after the accident, there are victims who do not want to forgive the perpetrators and the existence of third parties that disturb the atmosphere and the lack of understanding about diversion in society. Attempts from Traffic Unit Officers to avoid conflict/complaints from the victims, the officers become neutral, the perpetrators are directed to conduct a relationship and convey condolences to the victims, to conduct deliberation and ask for assistance from the Correctional Institution.

Keywords: Settlement Model, Traffic Accident, Child Perpetrator