RESTORATIVE JUSTICE BASED ON CUSTOMARY LAW AS AN ALTERNATIVE FOR RESOLVING TRAFFIC ACCIDENTS IN ACCORDANCE WITH THE CRIMINAL CODE AND LAW NO. 22 OF 2009

Abstract

This research explores the concept of restorative justice based on customary law (hukum adat) as an alternative mechanism for resolving traffic accident cases in Indonesia. The study aims to examine how restorative justice principles emphasizing reconciliation, compensation, and community harmony can align with the provisions of the Indonesian Criminal Code (KUHP) and Law No. 22 of 2009 concerning Road Traffic and Transportation. The research identifies the potential for customary law to provide more culturally grounded and humane solutions compared to conventional punitive approaches. Using normative juridical analysis complemented by case studies from several regions, the study finds that customary dispute resolution mechanisms can effectively restore social balance and victim satisfaction without disregarding formal legal norms. The integration of restorative justice principles with state law offers a hybrid model that strengthens community participation and promotes justice that is both legal and moral.