FROM RETRIBUTION TO RESTORATION: RETHINKING CRIMINAL LIABILITY IN TRAFFIC ACCIDENTS WITHIN THE FRAMEWORK OF INDONESIAN CRIMINAL LAW

Abstract

Traffic accidents in Indonesia remain a critical concern, with the majority involving drivers acting without malicious intent but still facing strict punitive sanctions under existing criminal law. This article reconsiders the framework of criminal liability for traffic accidents by integrating the principles of restorative justice as an alternative to the dominant retributive model. Using a normative-empirical approach, this study analyzes statutory regulations and judicial practices alongside field data obtained through semi-structured interviews with police officers, prosecutors, judges, and affected communities. Findings reveal a systemic gap between the legal obligations of law enforcement and the restorative expectations of society. Victims often seek reconciliation and compensation over imprisonment, yet procedural rigidity limits restorative resolution. The study proposes a conceptual model of criminal liability reconstruction that includes differentiated culpability, pre-prosecution restorative diversion, and a normative shift grounded in Pancasila values. This research offers both theoretical innovation and practical recommendations for reforming Indonesia's penal system in traffic-related offenses toward a more human-centered and context-sensitive justice paradigm.