Penyelesaian Tindak Pidana Kecelakaan Lalu Lintas Melalui Perdamaian Berdasarkan Penerapan Diskresi Oleh Penyidik Satuan Lalu Lintas Polres Barito Kuala

Abstract

The National Police of the Republic of Indonesia has a fairly broad authority in carrying out its duties, including in the field of law enforcement based on Law Number 2 of 2002 concerning the Indonesian National Police and other legal regulations. The police in carrying out their duties must be guided by the law and apply legal sanctions to violators. But behind that, the Police also have the authority to decide an action not based on legal provisions, and this is known as discretion as stipulated in Article 18 paragraphs (1) and (2) of Law Number 2 of 2002. The Traffic Police of the Barito Kuala Resort Police which based on their discretionary authority, cases of traffic accidents are resolved through peace. From this case, the researcher wants to know the basis for the consideration of the settlement of traffic crimes that are resolved through peace and how the mechanism is. This study uses empirical legal research, namely research on primary data and secondary data in the form of primary, secondary, and tertiary legal materials. Primary data was obtained through conservation and oral interviews, while secondary data was collected through library studies. Then the data is processed and analyzed qualitatively. Furthermore, it is discussed and a conclusion is drawn.The results of the study indicate that the settlement of traffic crimes through peace is based on consideration of the agreement between the perpetrator and the victim to resolve the case outside the court as a manifestation of the restorative justice approach and the discretionary authority of the Police. Then the settlement mechanism refers to the Regulation of the National Police Chief No. pol B/3022/XII/2009 dated December 14, 2009 concerning Procedures for Handling Traffic Accidents.