PENYELESAIAN TINDAK PIDANA KECELAKAAN LALU LINTAS MELALUI MEKANISME UPAH-UPAH KECAMATAN SINABOI KABUPATEN ROKN HILIR

Abstract

The principle of fast, simple and low cost justice is an important principle in
Indonesian criminal law. This means that legal issues must be resolved in a fast, simple
and low-cost manner. but in reality, this principle is not fully implemented properly.
William Gladstone illustrates how important the principle of justice is fast, simple and low
cost. because the protracted process is tantamount to neglect of justice itself.

The concept of Restorative Justice provides opportunities for the community
to seek justice outside the court through mediation by offering solutions to the problems
they face.One form of settlement using the concept of restorative justice is through the
customary law approach as one of the pure heritage of the Indonesian nation, in addition
to national law. Customary law is the soul of the people (volgeist), especially the
Indonesian nation which has many tribes, customs and languages. There is no universal
law, every nation has its own national style, as well as customs in resolving conflicts
within the scope of local social life. The customary restorative justice approach does not
only apply to civil matters, but also applies to criminal cases, especially minor crimes
such as traffic accidents which are resolved through the customary mechanism of wages.
The conclusion of this study is that settlement through customary
mechanisms cannot be separated from consideration, religion, mediation, and family
decision making. The effectiveness of traditional settlements saves time, costs, is
transparent (openness) and emphasizes the will and satisfaction of both parties in
accordance same with the concept of restorative justice.
Keywords: Crime Settlement – Traffic Accident – Customarry Mechanism –Upah-Upah