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Abdul Wahab Harun; Dian Ekawaty Ismail; Jufriyanto Puluhulawa

Hakim: Jurnal Ilmu Hukum dan Sosial 2023 Fakultas Hukum, Universitas Sains dan Teknologi Komputer

The aim of this research is to determine law enforcement against operators of damaged roads which result in traffic accidents and to find out what are the obstacles in implementing law enforcement against operators of damaged roads which result in traffic accidents. This research uses an empirical legal research method where the researcher uses a statutory approach and a case approach and data collection is carried out using literature studies and interviews. The results of the research show: firstly, the police in the Bone Bolango Police area carry out law enforcement against drivers who maintain damaged roads that cause accidents. traffic in a preventive and repressive manner. Bone Bolango Regency Police have been carrying out repressive actions such as education and legal action; However, due to a number of obstacles experienced by the Bone Bolango Police, no legal action can be taken until the trial, which only requires making a case report. Both the internal and external operational environment of the traffic police are some of the challenges faced by the Bone Bolango Police. The Bone Bolango Police Traffic Accident Unit lacks personnel and expertise, and the officers' attitude towards drivers is less firm. One of the internal problems faced by the traffic police is this problem. Public ignorance of laws and regulations related to damaged roads and lack of community involvement in reporting damaged roads are two examples of external variables handled by the Traffic Police. Apart from that, there is ambiguity in Law Number 22 of 2009 concerning Road Transport and Traffic. The meaning of "road managers" and the difficulty of law enforcement in enforcing these regulations, especially Article 273, which emphasizes the importance of considering the potential legal consequences for "road managers" who fail to repair damaged roads immediately, which can result in traffic accidents.

Ilham Saputra Machmud; Dian Ekawaty Ismail; Jufryanto Puluhulawa

Hakim: Jurnal Ilmu Hukum dan Sosial 2023 Fakultas Hukum, Universitas Sains dan Teknologi Komputer

The existence of criminal cases arises because there are criminal acts handled by law enforcement. Criminal cases always arise whenever there is a criminal process. Criminal acts or crimes are an inseparable part of life in society. The public measures justice not by the word for word formulation of the law, but by what is felt and seen by the decisions issued based on the legal reality witnessed. The aim of this research is to examine the role of prosecutors in resolving cases using a restorative justice approach. To find out the factors that hinder prosecutors in resolving cases using the concept of restorative justice. In this research, researchers used Empirical Law research. And the data feeding technique is carried out using the interview technique. The data obtained by researchers in this study used quantitative and qualitative methods. The results of the research show that the resolution of acts of abuse by the Bone Bolango District Prosecutor's Office through a restorative justice approach has been adopted. The inhibiting factors experienced by the Bone Bolango prosecutor's office were legal factors, human resources, clashes between victims and perpetrators and community culture.