Reconstruction of the Regulation of Procedures for Settlement of Traffic Violation Cases Based on the Values of Justice

Abstract

Traffic law enforcement has a role so that traffic laws are obeyed by every road user. The purpose of this research is The problems in this research are: 1) to find and analyze how traffic law practices Completion Case Violation Traffic based on the perspective of justice values; 2). to find and analyze weaknesses in practice settlement case violation traffic currently; 3). to find the reconstruction of regulations on the procedure for resolving traffic violation cases based on the value of justice. The research method uses the constructivism paradigm, with a sociological legal approach method, and a descriptive research type. The types and sources of data use secondary materials in the form of primary legal materials, secondary legal materials, and tertiary legal materials. The data collection method uses literature, and qualitative analysis methods. The results of the study are: 1) Practice Completion Case Violation Traffic not based on the value of justice that in reality Law Number 22 of 2009 concerning Traffic and Road Transportation does not have the words objective and fair. Supreme Court Regulation Number 12 of 2016 concerning Procedures for Settling Traffic Violation Cases Article 7 Paragraph 1 "Judges are appointed to open trials and decide all cases without the presence of the offender"; 2) The weakness of the legal substance aspect is that Supreme Court Regulation Number 12 of 2016 concerning Procedures for Settling Traffic Violations has not explained in detail the mechanism for resolving resistance cases (trial process flow) against objections to decisions on deprivation of liberty for traffic violations and has not explained the mechanism for legal remedies for the determination of criminal fines for traffic violations. The weakness of the legal structure aspect is that sometimes in the implementation of the investigation process carried out by the police, it seems like it is just an arena for revenge on the pretext of a form of legal certainty rather than justice and legal benefits. The weakness of the legal culture aspect is that public knowledge of regulations is still very lacking. 3) The reconstruction of the values to be achieved in this study is that the regulation of procedures for resolving traffic violation cases that were previously unjust are now just. Reconstruction of regulatory norms for procedures for resolving traffic violation cases based on the value of justice in Law Number 22 of 2009 concerning Traffic and Road Transportation, namely by adding the letter j objectivity and k justice and legal certainty, and Supreme Court Regulation Number 12 of 2016 concerning Procedures for Resolving Traffic Violation Cases Article 7 Paragraph 1.