Reconstruction Of The Police Discretion System In Resolving Traffic Accidents To Achieve Justice For All Parties

Abstract

Resolving traffic accidents solely through a punishment-oriented penal approach is not always effective. In certain situations, police discretion is necessary to take into account the interests of the victim, the offender, their families, and the community. However, the exercise of police discretion still faces challenges regarding the limits of authority, inconsistent practices, the potential for subjectivity, and weak oversight mechanisms. This study aims to analyze and reconstruct the system of police discretion in traffic accident resolution to ensure justice for all parties involved. It employs a normative-juridical method utilizing statutory, conceptual, and case-based approaches. A qualitative analysis of primary and secondary legal materials was conducted to identify gaps between the regulations governing police discretion and actual practice. The findings indicate that while a legal basis exists for discretion allowing for flexible case resolution it lacks clear parameters regarding case criteria, resolution procedures, the consent of the parties involved, and oversight mechanisms. Therefore, a reconstruction of the discretion framework is required, grounded in the principles of restorative justice, victim protection, legal certainty, proportionality, and accountability. This model is expected to facilitate the resolution of traffic accidents in a manner that is fair, transparent, and responsive to the interests of all parties.