The Law Enforcement Policies On Mindful Criminal Actions In The Perspective Of The Ius Constituendum

Abstract

The impact of poverty is that many individuals struggle to control their hunger, which has an impact on life challenges by destroying their own hopes (hopeless), feeling defeated and helpless, accompanied by taking shortcuts by committing crimes or suicide to avoid difficult situations. Economic problems make people commit minor crimes such as petty theft. This research uses the type of sociological juridical research. Methods of data collection in this study using interviews and literature study. The results of the study show that criminal law enforcement in minor criminal cases has gradually implemented restorative justice in the form of penal mediation. However, in reality, restorative justice does not work effectively, because there are still many cases of misdemeanors, especially minor theft which is processed up to court and gets criminal sanctions as retributive (retributive). In the future, Indonesia should reform customary justice, because customary justice existed before the colonial period occupied the archipelago. Customary justice prioritizes consensus deliberation in resolving cases, directly showing that customary justice upholds restorative justice.