The Implementation of Restorative Justice by Indonesian National Police Investigators in Traffic Accidents Resulting in Death

The essence of criminal law enforcement is normatively integrated in the criminal justice system from investigation, prosecution, trial examination and execution of judgment which leads to criminalization, but in its development there is an alternative law enforcement desired by the justice seekers through restorative justice which prioritizes recovery at the original state as a result of the crime. Therefore, it is necessary to analyze the importance of restorative justice by Indonesian National Police Investigators in traffic accidents resulting in death, as well as its implementation. The theoretical concepts used are implementation, restorative justice, law enforcement, criminal law policy, justice, traffic accidents, and Police Investigators. Qualitative research approach, type of socio-juridical research, focuses on the importance of restorative justice and its implementation by Indonesian National Police Investigators in traffic accidents resulting in death. Location of research is in Resort Police of Semarang. The results of research on the importance of restorative justice and its implementation by Indonesian National Police Investigators in traffic accidents resulting in death are analyzed through philosophical, sociological and juridical point of view, while its implementation is analyzed by the implementation model of George C. Edward III which shows that restorative justice has not been understood optimally by Indonesian National Police investigators and the community even though in reality have been practiced in the duties or daily life. The obstacles, namely the absence of legal restorative justice umbrella is firm and clear, still weak understanding of Indonesian National Police Investigators and the public, especially the parties related to the settlement of criminal cases through restorative justice. Efforts to overcome these obstacles, Police Investigators in the settlement of criminal acts through restorative justice refers to the rules that are directly or indirectly relevant, organizing socialization about restorative justice within the Indonesian National Police, especially Indonesian National Police Investigators, and the public. Keyword: Penal Policy, Police, Restorative Justice INDONESIAN JOURNAL OF CRIMINAL LAW STUDIES http://journal.unnes.ac.id/sju/index/php/ijcls IJC LS IJCLS 3(2) (2018) 81-98 *Email: budiutomo@gmail.com Address: Central Java Regional Police, Semarang, Indonesia This work is licensed under a Creative Commons Attribution-Non Commercial ShareAlike 4.0 International License. All writings published in this journal are personal views of the authors and do not represent the views of this journal and the author's affiliated institutions.


INTRODUCTION
Theoretically as well as practice, law enforcement in Indonesia is more dominated by positivism so that in law enforcement is more positivistic. Positivism, in law theory and law enforcement practice, puts forward procedural issues so much as to override substantive justice for the sake of procedure. The punishment system in Indonesia is inseparable from the rules derived from the Dutch colonial legacy of Wetboek van Strafrecht voor Nederlandsch Indie (WVSNI). WVSNI is designated as a material criminal law in Indonesia based on Law Number 1 of 1946 on the Rule of Criminal Law and formally named the Criminal Code.
Looking at the historical background of the enactment of the Criminal Code, there is a proposal that the existing Criminal Code in Indonesia now needs to be reformed. The need for the amendment of the Criminal Code is also in line with the outcome of the 1976 UN Congress on Prevention of Crime and Treatment of Offenders. In the congress it was stated that the criminal law that has been in effect in various countries, generally derived from the foreign law of the colonial era that has been obsolete and unjust and out of date and not in accordance with the development of life in society. This is because the criminal law is not rooted in cultural values and even some are not in accordance with the aspirations of society and not in accordance with the social needs of the present. Dutch as the original country of the Criminal Code or WVSNI, has undergone several changes adapted to the times.
The punishment system contained in Article 10 of the Criminal Code is essentially still embracing retributive paradigm, which is to give appropriate retribution for crimes perpetrated by the perpetrator. The Retributive paradigm is used with the aim to provide deterrent effect, so that the perpetrators do not repeat the crime and prevent the society to do the crime. The use of retributive paradigm, it has not been able to recover the losses and suffering experienced by the victim. Although the perpetrator has been found guilty and sentenced, the victim's condition cannot go back to normal.
These weaknesses, led to the idea of a punishment system oriented to the recovery of victims' losses and suffering, known as restorative justice. The victim is the most disadvantaged party due to the crime. Restorative justice is proposed to reject coercive means and replace it with reparative means. Restorative justice accommodates the interests of the parties, including victims as victims that are involved in the determination of sanctions for perpetrators. Restorative justice returns conflicts to the most affected parties (victims, perpetrators and their communities) and gives priority to their interests. By embracing the restorative justice paradigm, it is hoped that the harm and suffering experienced by the victim and his family can be recovered and the burden of guilt of the criminals can be reduced because they have received forgiveness from the victims and their families.
The mechanism or procedure of criminal law enforcement in Indonesia is regulated in Law Executor, Judge as Case Breaker, Penitentiary as implementing the punishment. In addition to the four pillars of law enforcement with the enactment of Law No. 18 of 2003 on Advocates, the Advocate is also status as law enforcement. The criminal justice process starts from the stage of investigation, prosecution, examination in the court until the implementation of the judge's decision in prisons. As for the legal basis for Indonesian National Police investigators in law enforcement through restorative justice approach is Article 18 paragraph (1) and paragraph (2) of Law Number 2 of 2002 regarding Indonesian National Police, Article 7 paragraph (1) letter j Act no. 8 of 1981 on the Criminal Procedure Code.
The location of the research is the Resort Police of Semarang with the consideration that in this research location there is a traffic crime that is considered more appropriate to be resolved through restorative justice, and considering the system of the Indonesian National P olice is a national police ie the working procedure or the mechanism of execution of police duty wherever in the whole of Indonesia is the same so that the Resort Police of Semarang can represent the Police as a whole. This is supported according to traffic accident data at Resort Police of Semarang on the last three years period from 2015 to 2017 as on table 1.
Based on the table above, it can be seen that traffic accidents occurring in the last three years are 2015 to 2017 as many as 1,553, with details resulting in death 429 or 27.62%, severe injuries 12 or 0.77%, minor injuries 1.112 or 71.6%, excluding nonlevelled material loss (non-police) traffic accident.
The data shows that traffic accidents resulting in deaths of 429 or 27.62% of the number of accidents that occur can be categorized quite large, and the existence of some people, especially the litigants want a solution outside the criminal justice process on the grounds of various aspects of both material and immaterial so it is considered important to be proposed a new idea that needs to be implemented restorative justice by Indonesian National Police Investigators in traffic accidents that result in death. All is for the benefit of criminal acts victims, offenders and community, in general.
The general problem proposed in this thesis is how the implementation of restorative justice by Indonesian National Police Investigators in traffic accidents resulting in death. Based on the background of research in writing this thesis, and then compiled the formulation of the problem as followed: 1. The importance of restorative justice by Indonesian National Police Investigators in traffic accidents resulting in death.

RESEARCH METHOD
Based on the description above, the research method used is a qualitative research approach, the type of socio-juridical research, the focus of research on the importance of restorative justice by Indonesian National Police Investigators in traffic accidents resulting in death and its implementation. Location of the research is in Resort Police of Semarang. Data sources are primary, secondary and tertiary. Data collection techniques that conduct are through documentation, observation, and interviews. Data validity is using triangulation technique. Data analysis techniques use interaction analysis model.

The Importance of Restorative Justice by the Indonesian National Police Investigators in the Traffic Accidents Resulting Death
Restorative justice positions parties together to establish a harmonious relationship and strive to create wholeness. Existence of restorative justice process is an alternative settlement of criminal case determined by knowledge and awareness of society and law enforcement apparatus. Mostopha (2005: 203) states that the concept of restorative justice, when there is a crime, conflict, and human rights violation, is perpetrated by the community of recovering or repairing the damaged relationship between the perpetrator and the victim and the community. Aertsen et al. (2011: 8-9) states that the concept of restorative justice offers answers to important issues in the settlement of criminal cases, namely: 1. Criminal of criminal justice systems that do not provide a special opportunity for the victim (criminal justice system that disempowered the individual). 2. Eliminate conflicts, especially between the perpetrator and the victim and also the community (taking away the conflict from them). 3. The powerlessness experienced as a result of a criminal offense must be overcome to achieve improvement (in order to achieve reparation).
There are some important aspects of restorative justice by Indonesian National Police Investigators in traffic accidents that result in death, ie: 1. Philosophical aspects Bondan (2011, p.72) states that within the philosophical framework, the presence of restorative justice approaches in criminal law is not intended to abolish criminal law, or merge criminal law and civil law, because of a restorative justice approach that prioritizes mediation between victims and perpetrators. Kusuma (2009: 31) states the philosophical basis of progressive legal thinking is an institution aimed at bringing people to a just, prosperous and happy life. Sudarto (1997: 44-48) argues that the use of criminal law should take account of the national development objectives of creating a just and prosperous society that is equally spiritual based on Pancasila.
Based on the thing above, the philosophical aspect related to the importance of restorative justice by Police Investigators in traffic accidents that a. Belief in the one supreme God, in this case the implementation of restorative justice is attentioned to the harmony of religious values that exist in society. b. Justice and civilized humanity, n this case the implementation of restorative justice is a manifestation of human values, recognize equality of degree, rights and obligations, and uphold the dignity and human dignity. c. The unity of Indonesia, in this case the implementation of restorative justice can restore and unify the relationship that is cracked or damaged by the occurrence of criminal acts. d. The democracy led by understanding wisdom aomng honorable representatives, from the parliament house, in this case the implementation of restorative justice has the meaning that prioritizes deliberation in making decisions for the common interest, respect every decision deliberation, the decisions taken can be accounted morally to God Almighty, uphold the and human dignity, the values of truth and justice prioritize unity and unity for the common good. e. Social justice of Indonesian people, in this case the implementation of restorative justice to provide a sense of justice for the parties, ie victims, perpetrators and the public. 2. Sociological Justice Dewi and Syukur (2011: 32) states that in its implementation, restorative justice is based on the principle of establishing joint participation between perpetrators, victims and community groups in settling an event or a crime. Placing perpetrators, victims and communities as "stakeholders" who work together and immediately seek to find solutions that are deemed fair to all parties (win-win solution).
Criminal policy is not a stand-alone policy, apart from other policies, but it must be seen also in relation to the overall social policy, because as a law enforcement policy, this effort is included in the field of social policy. Therefore, criminal policy is part of the policy of law enforcement and social policy (Masyhar, 2009: 26-27).
Police as law enforcement officers have a very big influence in upholding the law in society. In this case, progressive and responsive law is a basic form, the doctrine of lawyers for law enforcement officers in performing a restorative justice act by the investigator as a public official and determining the effectiveness and sense of justice in society based on a wisdom to carry out the task daily policing in addition to his duty in tackling crime in the community.
The idea of progressive law as well as the responsive law of the jurists arose because of the poor performance of law enforcement officers. In relation thereto, the position of progressive and responsive law is not a law that law enforcers must adhere to, but a doctrine or contribution of thought from jurists who can be used as guidance in carrying out their duties and authority to provide comfort, fairness and expediency in the life of society, nation and state.
Taking into account the number of criminal case settlements of traffic accidents, especially those resulting in death, in the last three years 2015 to 2017 through restorative justice of 1,035 or 66.65%, it indicates that the majority of people who are in litigation of traffic accidents require a solution beyond the judicial process criminal or through restorative justice because it is considered to be able to recover physical and non-physical damage, material or immaterial as a result of traffic accidents.

Juridical Aspect
The juridical aspect concerns on the importance of restorative justice by the Police Investigator in traffic accidents resulting in death, ie: a. The 1945 Constitution The provisions of the 1945 Constitution, which directly or indirectly regulate the existence, duties and authorities of the Police can be seen in the points of Preamble and Body of the 1945 Constitution. Furthermore, the main content of the Preamble of the 1945 Constitution is to protect the entire Indonesian nation, having equal status in law and government (Art. 27), seen here that the position of the Police is a law enforcement, which protects every citizen or society and creates the security of the citizen. While disciplining the community, on the second main content, it has a meaning that the citizens of society obey all the norms in the order of life that has been agreed (social order) to realize the order of society. Thus, the police task that upholds the security and public order is a radiance and in accordance with the 1945 Constitution. The consequence of this task requires authority, including the discretionary authority of the investigator.
The principle of equality before the law is the application of Article 28 D Paragraph (1) of the 1945 Constitution of the Fourth Amendment explicitly states: Everyone is entitled to equitable recognition, guarantee, protection and legal certainty and equal treatment before law. In addition to Article 28 D paragraph (1)  The basic implementation of the restorative justice by Indonesian National Police Investigators in traffic accidents resulting in death related to discretion in the Criminal Procedure Code is contained in Article 7 paragraph (1) letter i where it is explained that the investigator as intended in Article 6 paragraph (1) a because its obligation has the authority to suspend the investigation, but it should not be done haphazardly because in Article 7 paragraph (1) letter j also describes holding another action according to responsible law. c. Law Number 2 of 2002 on the Indonesian National Police The implementation basic of restorative justice by Indonesian National Police Investigators in traffic accidents resulting in death, that in the criminal case investigation in addition to the authorities stated in Article 18 paragraph (1) of Law Number 2 of 2002 on the Indonesian National Police also has an authority in the form of another measure according to its own judgment, is that it can perform another act in the public interest. The public interest here is a form of application of the discretionary principle by the Indonesian National Police Investigator as a public official in enforcing the criminal law in its jurisdiction. Elucidation of Article 18 Paragraph (1) of Law Number 2 of 2002 on Indonesian National Police is that for the public interest of the Indonesian National Police in performing its duties and authority may act in its own judgment. 2). The realization of the traffic accidents' handling professionally.

The Implementation of Restorative Justice by Indonesian National Police Investigators in Traffic Accidents Resulting in Death
The implementation model used to analyze restorative justice by Indonesian National Police Investigators in traffic accidents resulting in death is George C. Edward III model, which is influenced by several interrelated independent variables; the variables are communication, resources, disposition and bureaucratic structure.

Resulting in Death
Edward III (1980: 17) states that communication is crucial to the successful achievement of the public policy's objective implementation. Implementation will happen if the decision makers already know what they will do.
There are three dimensions included in the communication of restorative justice by Indonesian National Police Investigators in traffic accidents resulting in death of transmission, clarity, and consistency. a. Transmission Submission of information to Indonesian National Police Investigators in the field of restorative justice by organizing socialization in the form of group discussion and training forum, while to the community is done through counseling and forum group discussion. b. Clarity Indicators of traffic accidents resulting in deaths that can be resolved through restorative justice: 1 3). Need to be continuously carried out understanding to the community related to settlement of settlement through restorative justice.

Restorative Justice Resources By Indonesian National Police Investigators In
Traffic Accidents Resulting in Death Resources are another important thing in implementing restorative justice well. Successful implementation of restorative justice is influenced by resources. Indicators used to look at the extent to which resources can work properly and neatly, i.e. staff, information, authority and facilities. a. Staff or Employees or Human Resources Resource related to restorative justice by Indonesian National Police Investigators in traffic accidents resulting in death requires adequate Human Resources (HR) through training, soft skill mapping (Indonesian National Police Investigator mapping), as well as upholding the Police code of ethics, with goal to create a healthier organizational culture and be able to motivate Human Resources (HR) to work better in providing services to the community. b. Information Information relating to how to implement restorative justice already exists in the form of Standard Operating Procedures (SOP), but the legal umbrella of restorative justice implementation until now still not clear and not yet firm or in other words still gray, that restorative justice is allowed but on the other hand is not a normative settlement case recognized by the Indonesian National Police institution.
Based on the explanation above, the information relating to the procedures for the implementation of the traffic accidents cases settlement through restorative justice needs to be strengthened with legal umbrella to be used as a guideline or legal basis by all parties to avoid misinformation and communication.
Investigators in taking a policy are expected to keep in mind the prevailing and growing norms within the local community, fulfill the sense of justice, the benefit in the settlement of traffic accident cases through restorative justice. c. Authority Implementation of restorative justice by Indonesian National Police Investigators in traffic accidents resulting in death is still debatable or pros and cons because there is no clear legal umbrella and, especially in the Indonesian National Police environment in practice, there is doubt and uncertainty for the investigator in taking a decision, so that needed a clear regulation in the handling of the case through restorative justice.

d. Facilities
Facilities to support the implementation of restorative justice, among others, in the form of transportation equipment, communication and office is still very limited, so still use the makeshift facilities. The explanation above shows the high dedication or the soul of the investigator in serving the public justice seekers, especially related to traffic accidents that result in death, therefore the need for government attention in meeting the needs of investigators in the implementation of their duties.

Restorative Justice Disposition By Indonesian National Police Investigators In
Traffic Accidents Resulting in Death Edward III (1980: 89) suggests that the variables affecting the success rate of a policy are dispositions. The disposition or attitude of the policy implementer is the third important factor in the approach to the implementation of a policy.
Important things that need to be observed in the disposition variable are two factors in Disposition (Effect of Disposition) that is Effects of Disposition (level of compliance of executor) and Incentives (incentive).

a. Effect of Disposition
The by appointing a mediator from the community or community leaders or village government officials who are trusted and considered independent. 3). The deliberations' results of the litigants are reported to the investigator to be forwarded to the Chief of the Resort Police (Kapolres) through the Head of the Traffic Unit (Kasatlantas). 4). If the result of deliberation, agreement of peace or settlement is settled in kinship or outside the criminal justice system or restorative justice, then the Investigating Team holds a case title or deliberation to prepare a recommendation to the Chief of Police Resort through the Head of Traffic Unit (Kasatlantas) as material consideration in taking a decision. 5). When the litigants conduct a peace process or deliberation, the investigator shall continue the process of investigation in accordance with the procedure until the thorough, to compile the file of the case ready to be submitted to the Prosecutor, but the filing of the investigation case file considers the result of the deliberations of the litigants. 6). If the result of deliberation from the litigants agrees to reconcile or settle the case outside the criminal justice process or restorative justice, then with the approval of the Chief of Police, traffic accidents cases are not submitted to the court through the Public Prosecutor. 7). If in the future it turns out the parties break the promise of the peace agreement, then the case of traffic accidents can be submitted to the court through the Prosecutor. 8). The initiator of the settlement of cases through restorative justice is the litigants. 9). Mediator in the process of settlement of case through restorative justice is the society or apparatus govern village trusted and appointed by litigant party. 10). The role of investigators in settlement of cases through restorative justice, only limited to facilitators. 11). The final decision whether or not the settlement of a case through restorative justice is the Kapolres by considering the socio-juridical aspect. 12). During the restorative justice process, the Investigator shall keep the investigation process until the "file of the case" is ready to be delegated to the Prosecutor. 13). If agreed to restorative justice, the case file is kept by the Investigator. 14). If it turns out to be restorative justice, it is not followed up according to the agreement, then the case file is delegated to the Prosecutor General. Adopting British criminologist Tony F. Marshal's thought in Braithwaite (2002: 11) states that restorative justice is a process whereby stakeholders in a particular breach meet together to solve the problem jointly how to resolve the consequences of the offense for the sake of the future . Similarly, United Nations (2006: 6) mentions that in relation to criminal law enforcement, restorative justice is an approach to solving criminal problems involving victims, perpetrators, and elements of society for the sake of a justice. Likewise Dewi and Gratitude (2011: 32) states that in practice, restorative justice is based on the principle of establishing joint participation between the perpetrator, the victim and the community in solving an event or a crime. Placing perpetrators, victims and communities as "stakeholders" who work together and immediately seek to find solutions that are deemed fair to all parties (win-win solution). The implementation of restorative justice can be done through the Conferencing model which is a forum similar to Victim Offender Mediation (VOM), but in this form there is a difference, that involved in solving the problem not only perpetrators and direct victims (primary victim), but also indirect victims (secondary victim), such as close family or close friends and family and close friends of actors assisted by the mediator as coordinator and facilitator in the meeting (Dewi and Gratitude, 2011: 9).

Figure 1 Restorative Justice Mechanism of Traffic Accidents
Related to the implementation of this restorative justice, Pound's belief in Utari (2017: 73) on the legal effectiveness of social change is based on the idea that law as a social institution is a planned and systematic arts.
Based on the above, the following description can be obtained as on Figure 2: The form of restorative justice by Indonesian National Police Investigators in traffic accidents resulting in death, i.e. the perpetrator and the victim's family choose a mediator (community figure) who is independent. The authority possessed by the Police Investigator may give space to the perpetrator and the victim's family to make peace or penal mediation. If at the mediation stage of the penal has been agreed on the existence of peace then this agreement can be used as the reason for investigators to resolve the case. b. Fragmentation Edwad III in Winarno (2007: 155) explains that "fragmentation is the spreading of responsibility of a policy to several different bodies requiring coordination". In general, the greater the coordination needed to implement the policy, the less likely the success of the program or policy.
Based on this matter related to the fragmentation of bureaucratic structure in restorative justice by Indonesian National Police Investigator in traffic accident resulting in death, bureaucratic structure anticipates the change of environment both internal and external in order to create an organizational structure and culture that is able to reflect and transform the task and functions carried by the organization. That the organizational structure is a framework in a fixed pattern of relationships among functions, units, or positions, as well as persons who show different positions, duties, powers and responsibilities within an organization.

Traffic Accidents Resulting in Death Solved Through Restorative Justice
The development of traffic accidents in the jurisdiction of the Semarang Resort Police and the settlement either through criminal proceedings or outside the criminal justice process or known as restorative justice can be explained, as on Table 2, Table 3, Table 4, and Table 5 below.  5. P21 = The proceeds of the investigation of the case have been declared complete by the public prosecutor in the event of the suspect's handover and the evidence. 6. ADR / RJ = Alternative Dispute Resolution / Restorative Justice = solving cases outside the criminal justice process 7. Traffic Accident data collection then selected the type of Traffic Accident then the most severe consequences. 8. NON LP = Case of accident which solved itself without publication of Police report.
Based on the table above, it can be seen that the implementation of restorative justice by Indonesian National Police Investigators in traffic accidents resulting in death is less than optimal as it is known that number of cases of traffic accidents still high, 77 cases (2015), 60 (2016), and 48 (2017).
Barriers to the implementation of restorative justice by Police Investigators in traffic accidents resulting in death, i.e.:

The weakness of the legal umbrella related restorative justice
There is no Regulation that can be used as a guideline or procedural formal mechanism in the implementation of restorative justice. So that law enforcement, felt by society very weak. This is true, because in the institutions and legal system in Indonesia there are still many deficiencies and easily penetrated by certain interests that become a gap for law enforcement officers in enforcing the law in society, it is very difficult for an investigator in doing restorative justice action.
2. The absence of understanding in the Police environment related to the settlement of criminal cases through restorative justice Law enforcement practices carried out by Indonesian National Police Investigators have tended to be normative, while the settlement of criminal cases outside the criminal justice system through restorative justice has not been recognized as a settlement of cases. However, in practice certain criminal cases include traffic accidents, Indonesian National Police Investigators also settled through restorative justice, so that to some cases that have actually been resolved through restorative justice is not included in the list of settlement cases which consequently become dark number (arrears of the case).

Weak understanding of the litigants
There is lack of understanding of the perpetrators and victims' families who impact on the implementation of restorative justice conducted by investigators. Because ignorance of the restorative justice of the perpetrators and the families of the victims makes the lack of participation and activeness in providing everything needed by investigators in restorative justice. This greatly discourages investigators from performing restorative justice measures.
Efforts taken to overcome barriers to the implementation of restorative justice by Police Investigators in traffic accidents resulting in death are as follows: 1. To anticipate the weakness of the legal umbrella related restorative justice, the investigator refers to the rules that are directly or indirectly relevant. This is based on the relevant direct rules related to the implementation of restorative justice, namely Article 7 paragraph (1)  Workshop is an event in which several Police Investigators gather to solve a particular problem and find a solution. A group of Police Investigators with the same concern gathered together under the leadership of several experts to explore one or more specific aspects of a topic related to restorative justice. Subgroups are formed for the purpose of listening to lectures, by watching demonstrations, discussing various aspects of the topic, studying, doing, practicing, and evaluating them primarily related to restorative justice. b. Training Training is a process of teaching and learning in order to improve the ability of Police Investigators in the field of restorative justice with the aim: 1). Change the paradigm / perspective, mindset, attitude patterns, and work patterns to achieve optimal performance.
The existence of that, Police Investigators are expected to perform duties and responsibilities in accordance with the scope of his profession and can build ethics and morality run synergistically in a profession can build a reliable nature so that the implementation of restorative justice by Police Investigators can be done well.
3. To increase the understanding of the litigants by organizing socialization, among others: a. Extension Extension activities related to the settlement of criminal cases through restorative justice is an alternative enforcement outside the criminal justice process. Various media are expected to increase public awareness to understand restorative justice and bring a moral message to the importance of restorative justice. The State, in this case, mandates the Police to carry out its duties and obligations to serve the community in obtaining justice, benefit and legal certainty. b. Discussion One form of socialization conducted by the Semarang Resort Police more emphasis on two-way communication both from Police Investigators and people who have influence or are viewed by the surrounding community so it is expected to provide a better explanation of the surrounding community.
The existence of socialization given to the community is intended to give understanding to the public about the importance of restorative justice. With this socialization, people understand about the benefits of restorative justice.
Based on the mentioned above that restorative justice on traffic accidents can be applied to events with any consequences including those who died, but there should be restrictions, as follows: 1. Pure accident (accidentally or negligently). 2. The offender is not drunk. 3. The perpetrator's behavior is not blameworthy. 4. The principle of propriety not to be subject to criminal law.

CONCLUSION
The importance of restorative justice by Indonesian National Police Investigators in traffic accidents resulting in death can be seen from the philosophical, sociological and juridical aspects. Implementation of restorative justice by police investigators in traffic accidents resulting in death is influenced by four factors: communication, resources, disposition, and bureaucratic structure. The settlement of traffic accident crime through restorative justice approach has not been fully understood by Indonesian National Police investigators as other responsible acts as regulated in Article 7 paragraph (1) letter j of Law Number 8 on 1981 regarding Criminal Procedure Code and police discretion authority as intended in Article 18 Paragraph (1) of Law Number 2 of 2002 regarding the Indonesian National Police, it is proven that the settlement of criminal traffic accident cases is not categorized as a normative settlement of crime, resulting in the consequence of being a dark number or an arrears of unending cases. Several obstacles related to the settlement of crime, especially the criminal acts of traffic accidents through restorative justice, among others: the understanding of legal umbrella related restorative justice is still weak, the absence of understanding in the Police environment related to the settlement of criminal cases through restorative justice, weak understanding of the litigants and the community is generally related to the