Effectiveness of Restorative Justice Implementation on Embezzlement Cases in Progressive Law Perspective (Case Study: Polda Metro Jaya)

Abstract

The main principle of resolving criminal acts through a restorative approach is a solution that must be able to penetrate the hearts and minds of the parties involved in the settlement process in order to understand the meaning and purpose of carrying out a recovery and the form of sanctions applied are sanctions that are restorative or preventive. The purpose of this study is to examine and analyze the implementation of restorative justice on embezzlement cases; to analyze the Effectiveness of Restorative Justice Implementation on Embezzlement Cases in a progressive law perspective. The approach method used in this study is the sociological juridical method. The results of this study are (1) The implementation of restorative justice in embezzlement cases at Polda Metro Jaya from a progressive legal perspective reflects efforts to realize more humanistic and substantive justice. In several embezzlement cases, such as those involving P.S.B and J.S, the settlement process through mediation shows that this approach is able to create peace between the perpetrator and the victim by involving compensation, apologies, and commitments not to repeat the act. The principle of progressive law in this implementation, where the law is used as a tool to restore social relations damaged by criminal acts, not just to punish the perpetrators. The application of Restorative Justice is the Ultimum Remidium or the last resort in law enforcement that can be carried out by the Police in handling cases that can be resolved outside the courts. (2) The effectiveness of the implementation of Restorative Justice in Embezzlement Cases from a progressive legal perspective at Polda Metro Jaya is determined by five main factors. First, the legal factor: Perpol Number 8 of 2021, needs to be harmonized with the Criminal Procedure Code to prevent legal uncertainty. Second, the law enforcement factor shows that the understanding and mindset of investigators must be more oriented towards recovery and reconciliation, not just punishment. Third, the means and facilities factor supports success by providing mediation space, documentation technology, and mediation skills training for investigators. Fourth, the community factor regarding differences in public perceptions of justice. Fifth, the legal culture factor shows obstacles in the form of a lack of understanding of the concept of restorative justice.