PENERAPAN RESTORATIVE JUSTICE DALAM KASUS TINDAK PIDANA KECELAKAAN LALU LINTAS (STUDI KASUS NOMOR: 286/PID.SUS/2023/PN.GSK)

The investigation entitled Application of Restorative Justice in Traffic Accident Criminal Cases (Case Study Number 286/Pid.Sus/2023/PN GSK) aims to explain how restorative justice is applied in traffic accident criminal cases from the perspective of the Legal Advisor for the victim witness, Dr. Jihan Arabikum. The search was carried out using data obtained through field studies and interviews regarding traffic accident crimes in the jurisdiction of the Gresik Resort Police and the Gresik District Court. The application of restorative justice in cases of criminal traffic accidents should ideally be resolved by agreement between the parties so that there is no prolonged conflict. However, in the field there are often obstacles in resolving the implementation of restorative justice in cases of criminal traffic accidents between victim witnesses and perpetrators. Where the perpetrator experiences problems in bearing losses from the traffic accident case and this results in the case having to end up in court so that restorative justice cannot be carried out as it should. If the obstacles in implementing restorative justice can be minimized, then restorative justice is the best solution in traffic accident cases. Where the victim and perpetrator get a solution so that the victim gets compensation for the incident and the perpetrator does not have to face a judge's verdict. The results of this investigation were made to provide advice to the Police to prioritize the implementation of restorative justice rather than litigation resolution and the government as a law maker is expected to make a law to prioritize more detailed restorative justice resolution.