Konsep Restorative Justice Dan Penerapannya Dalam Penyelesaian Tindak Pidana Informasi Dan Transaksi Elektronik Di Direktorat Reserse Kriminal Khusus Polda Riau

Perdana, Hidayat (2022) Konsep Restorative Justice Dan Penerapannya Dalam Penyelesaian Tindak Pidana Informasi Dan Transaksi Elektronik Di Direktorat Reserse Kriminal Khusus Polda Riau. Masters thesis, Universitas Islam Riau.

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Abstract

The sense of community justice that can be achieved through law enforcement is currently still difficult to achieve. The concept of retributive justice with the target of justice in punishment is still not effective, so the dynamics of criminal law are currently experiencing a shift in the concept of justice and the paradigm of punishment, namely from the concept of retributive justice (retributive justice) to the idea of restorative justice (restorative justice). To answer the development of the community's legal needs in law enforcement of criminal acts of information and electronic transactions by prioritizing restorative justice as well as a solution in providing legal certainty, especially benefit and justice, the police regulate procedures for resolving criminal acts of Information and Electronic Transactions through restorative justice. Based on the things mentioned above, the research entitled: "The Concept of Restorative Justice and Its Application in the Settlement of Crime Information and Electronic Transactions at the Special Criminal Investigation Directorate of the Riau Police" The problems that can be formulated the concept of restorative justice in criminal law for the settlement of criminal acts of information and electronic transactions at the investigation level; application of restorative justice in the settlement of criminal acts of Information and Electronic Transactions at the Special Criminal Directorate of the Riau Police; obstacles investigators in the settlement of Crime Information and Electronic Transactions with the concept of restorative justice at the Ditreskrimsus Polda Riau. This research is normative legal research using an empirical normative approach. The object of research is the legal norms that are embodied in legal rules made and stipulated by the government in several laws and policies and policies that are directly related to the application of restorative justice in settlement of criminal cases of Information and Electronic Transactions at the Special Criminal Investigation Directorate of the Riau Police. The results of the study show that Restorative justice is a process of resolving cases carried out outside the formal courts including information crimes and electronic transactions; The application of the concept of restorative justice in the settlement of criminal acts of Information and Electronic Transactions at the Special Criminal Investigation Directorate of the Riau Police based on the Regulation of the State Police of the Republic of Indonesia No. 8 of 2021 concerning Handling of Crimes Based on Restorative Justice; There are several obstacles that become obstacles for investigators of criminal acts of information and electronic transactions of the Riau Police Ditreskrimsus in applying the concept of restorative justice, namely: The presence of interference from other parties that hinders the mediation situation; There is a request for compensation that is not accepted by either party; The reported party is not cooperative with the victim in efforts to resolve restorative justice; The reported problem offends the victim's selfesteem or feelings so that the victim cannot forgive the reported person.

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