Alternative dispute resolution in traffic accidents in North Sumatera highway

• Published in: IOP conference series. Earth and environmental science Vol. 452; no. 1; pp. 12074 - 12080
• Main Authors: Pinem, Serimin, Runtung, Hum, S H M, Syafrudin Kalo, Budiman Ginting
• Format: Journal Article
• Language: English
• Published: IOP Publishing 01.04.2020
• ISSN: 1755-1307; 1755-1315
• DOI: 10.1088/1755-1315/452/1/012074

Every person who commits an unlawful act that results in a loss to another party or another person should be punished by law and provide compensation for the loss it has caused. Although the unlawful act is classified into the realm of criminal law, the resolution may also be done using legal provisions contained in civil law, based on the provisions of Article 1365 of the Civil Code of Republic of Indonesia. Alternative Dispute Settlement in the form of compensation for traffic accidents can be carried-out provided the victim does not experience serious injuries or death. The Indonesian police forces, in general, only facilitate both parties in resolving accident cases. Furthermore, if the case reaches the court level, then the outcome of the peace agreement can still be considered by the presiding judge before he or she delivers a permanent legal decision. In this research, it is shown the effectiveness of alternative dispute resolution in traffic accidents to help law enforcement officers to overcome the backlog in processing cases due to the limitation of resources in the police department especially in the jurisdiction of Sumatera Utara Province.