Nura Putri, Anggun (2024) Penerapan Prinsip Restorative Justice Dalam Penyelesaian Perkara Tindak Pidana Pencurian Di Wilayah Hukum Polsek Tapung. Other thesis, Universitas Islam Riau.

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Abstract

Restorative justice is an approach that focuses on the needs of both victims and perpetrators of criminal acts themselves. The concept of restorative justice no longer measures justice based on retaliation in kind from the victim to the perpetrator, whether physical, psychological or criminal punishment, but rather the act is healed by providing support to the victim and requiring the perpetrator to take responsibility, with the help of family and community if necessary. The justice that has been taking place in the criminal justice system in Indonesia is retributive justice, while what is expected is restorative justice. Theft is one of the criminal acts regulated in the Criminal Code. An alternative approach known as Restorative Justice is regulated in Article 12 of the Regulation of the Chief of the National Police of the Republic of Indonesia Number 6 of 2019 concerning Criminal Investigation. The main problem in this research is how to apply the principles of restorative justice in resolving criminal theft cases at the Tapung Police Station and what are the obstacles in implementing restorative justice in resolving criminal theft cases at the Tapung Police Station. The type of research used includes empirical research. Empirical legal research is a legal research method that uses empirical facts taken from human behavior. Meanwhile, judging from its nature, this research is descriptive in nature. The application of the principles of restorative justice in resolving cases of criminal acts of theft in the Tapung Police District jurisdiction begins with a request from the victim and the agreement of both parties, then it is mandatory to present community representatives such as village officials, and submit a request for data on behalf of the perpetrator of the crime to the court, whether the perpetrator has committed other criminal acts before. However, in 1 year there were only 3-5 criminal cases of theft at the Tapung Police which were resolved by applying the principles of restorative justice. Meanwhile, there are several cases that could have been resolved using restorative justice, but were not resolved using the principles of restorative justice. Because the victim does not want to forgive the perpetrator and conversely, the perpetrator of the crime sometimes does not want to compensate the victim for their losses. So it becomes an inhibiting factor in implementing restorative justice. Obstacles in applying the principles of restorative justice to cases of criminal acts of theft at the Tapung Police include: (i) inhibiting factors for victims of criminal acts; and (ii) inhibiting factors for criminals.

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