Kebiajakan Keadilan Restoratif Dalam Penyelesaian Perkara Tindak Pidana Pencurian Berdasarkan Peraturan Kepolisian Republik Indonesia Nomor 8 Tahun 2021

Gersang, A. Raymon Tarigan (2022) Kebiajakan Keadilan Restoratif Dalam Penyelesaian Perkara Tindak Pidana Pencurian Berdasarkan Peraturan Kepolisian Republik Indonesia Nomor 8 Tahun 2021. Masters thesis, Universitas Islam Riau.

Text 191022206.pdf - Submitted Version Download (3MB)

Abstract

Criminal acts are often associated with issues of emotional maturity, psychology and responsibility. The impact of a crime/violation is criminal liability, while the definition of criminal liability is someone who is criminally responsible for someone who commits a criminal act or crime. The concept of a keadilan restoratif approach as an alternative to criminal acts is immediately implemented in Indonesia as an effort to reform the law. This is because keadilan restoratif is an approach that focuses more on the conditions for creating justice and a balance between the perpetrators of crimes and the victims. The mechanisms and procedures for criminal justice that focus on sentencing are transformed into a process of dialogue and mediation to create an agreement on a more just and balanced settlement of criminal cases, both for the victim and the perpetrator. Keadilan restoratif has the meaning of restoring justice. In the current criminal justice system, restitution or compensation for victims is known, while restoration has a broader meaning. The main problem in this study is the policy on handling cases of criminal theft through the Keadilan restoratif approach and the ideal concept in the application of Keadilan restoratif to the crime of theft. This type of research is included in the normative legal research group. Meanwhile, judging from its nature, this research is descriptive analytical. Keadilan restoratif is the principle of law enforcement in an effort to resolve cases which is used as an instrument of recovery and is carried out by the Police in the form of enactment of the policy of the Chief of Police of the Republic of Indonesia SE 8/VII/2018. Keadilan restoratif is used as an alternative in resolving criminal acts with a dialogue and mediation process mechanism that involves the perpetrators, victims, families of perpetrators and victims to realize an agreement for settlement of cases that prioritizes recovery and restores the pattern of relationships in society. In resolving disputes, keadilan restoratif is based on consensus deliberation in which the parties are asked to compromise to reach an agreement. In its implementation, the concept of keadilan restoratif provides many opportunities for the community to play an active role in solving criminal problems. The concept of keadilan restoratif becomes a framework of thinking in an effort to find out about the existence of an alternative settlement of criminal cases that occur. Alternative solutions are carried out as a settlement effort that creates humane justice.

Actions (login required)

View Item