The purpose of this study is to assess and formulate the construction of police discretion using restorative justice approach in peaceful settlement on traffic accidents. This research is juridical empirical by conducting an analysis of the problems and research through approaches to legal principles and referring to the legal norms contained in the legislation. The findings in this study are Law Number 22 Year 2009 on Traffic and Road Transport, non-penal policy after a peace between the victim and the perpetrator is not at all regulated. Under this law, peace can not be used as an excuse to end traffic accidents.