CD Skripsi
Penyelesaian Tindak Pidana Kecelakaan Lalu Lintas Melalui Mekanisme Upah-Upah Kecamatan Sinaboi Kabupaten Rokan 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
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