Implementation of the "Alternative Dispute Resolution" Principle in Handling Traffic Crimes That Result in Minor Injuries
IK Dewi (a*), Hardin (b)
a) Law Study Program, Faculty of Law, Universitas Muhammadiyah Buton, Baubau, Indonesia
b) Department of Agribusiness, Faculty of Agriculture, Universitas Muhammadiyah Buton, Baubau, Indonesia
* indah.kusuma[at]umbuton.ac.id
Abstract
Settlement of traffic cases is usually through a litigation system, but now the possibility exists for a peaceful settlement provided that the perpetrators are children and the threat is under seven years in prison. This study aims to determine how the process of handling cases of criminal acts due to negligence resulting in accidents with minor injuries and to find out whether the factors that hamper the process of handling cases in negligence that cause traffic accidents with minor injuries based on Article 310 paragraph (2) Law Number 22 Year 2009 Concerning Road Traffic and Transportation. The method used in this study is empirical research. the principle of alternative dispute resolution is used because this principle is considered the most appropriate in handling traffic crimes that are still children. The inhibiting factors are the difficulty of witnesses to provide information to officers, Evidence or Evidence involved in traffic accidents when investigators arrive at the crime scene, bad weather or rain during a traffic accident have the potential to hamper the case process. The recommendation is for the public who directly witness the traffic accident to give their testimony so that the process of handling traffic cases can proceed as it should, human resources namely traffic accident investigation personnel should be added.
Keywords: Alternative Dispute Resolution, traffic matters
Topic: Law