Mechanism for Terminating Investigations as a Form of Restorative Justice Efforts

Hariyanto Hariyanto

Abstract


The aim of this research is to examine and analyze the mechanism for stopping investigations for restorative justice efforts.The approach method used in this writing is normative juridical. This writing specification is analytical descriptive. The National Police is not given the authority to stop cases on the grounds that they were resolved out of court or set aside cases for certain considerations or resolve cases using a restorative justice approach. Such conditions have made the National Police leadership take internal policy steps based on awareness of the importance of the concept of restorative justice as the soul and personality (volkgeist) of Indonesian society and in order to create a sense of justice in society. Administrative analysis after receipt of the peace application between the two parties; if the formal request for peace is fulfilled, Next, in order to obtain approval, it is submitted to the investigator's superior; setting a time for the parties in the dispute to sign a peace statement; the agreement that has been signed by the parties to the lawsuit resulting from the implementation of the conference; making an official note regarding the application for dismissal of the case carried out with a special case title; implementation of special case titles; Document preparation; issuance of SP3 based on restorative justice; issuance of SP3 signed by the investigator's superior; recording into the new register book B-19.

Keywords


Investigation; Justice; Mechanism; Restorative; Termination.

Full Text:

PDF

References


Agus Muhammad Septiana, Overcoming the Legal Legitimacy Crisis Through Progressive Law. MMH, Volume 41 No. 4 (2012)

Ahmad Faizal Azhar, Application of the Concept of Restorative Justice in the Criminal Justice System in Indonesia. Court Journal Vol.4 No.2, (2019)

Bonarsius Saragih, 2009, Restorative Justice, Bandung College of Law

I Made Tambir, Restorative Justice Approach in Resolving Crimes at the Investigation Level. Udayana Master Law Journal, Vol.8 No. 4 (2019)

IGArtha & IWWiryawan, Controlling the Illicit Distribution of Narcotics by Prisoners from within Correctional Institutions (Lapas). Udayana Master of Law Journal, Udayana Master Law Journal, Volume 4 Number 3, (2015)

Ilyas Sarbini et al. Restorative Justice as an Alternative to Resolving Criminal Cases. Journal of Legal Publications, Vol.9 No.1 (2020)

KPPrayitno, Restorative Justice for the Judiciary in Indonesia (Philosophical Juridical Perspective in Law Enforcement in Concreto). Journal of Legal Dynamics, Volume 12 Number 3, (2012)

Kristian, Settlement of Criminal Cases Using the Concept or Approach of Restorative Justice, Especially Mediation (Penal Mediation) in the Indonesian Criminal Law System Viewed from Legal Philosophy, Mimbar Justitia Law Journal Vol. VI No. 02 (2014)

Muladi, 1996. Capita Selecta Criminal Justice System, Semarang: UNDIP Publishing Agency

RT Danielt, Application of Restorative Justice to the Crime of Child Theft by Minors. Lex et Societatis, Vol.2 No.6, (2014)

S. Candra, Restorative Justice: A Review of Criminal Law Reform. Rechtsvinding Journal, Vol.2 No.2, (2013)

Sarwadi and Bambang Tri Bawono. Restorative Justice Approach in Diversion System for Settlement of Criminal Cases for Children in Indonesia. Journal of Legal Sovereignty Volume 3 Issue 4, (2020)

Theo Gavrielides, 2007, Restorative Justice Theory and Practice: Addressing the Discrepancy, Criminal Justice Press: Helsinki

Zico Junius Fernando. The Importance of Restorative Justice in the Ius Constituendum Concept. Al-Marah Journal of Islamic Government and Politics, Vol.5 No. 2, (2020)




DOI: http://dx.doi.org/10.30659/rlj.2.3.%25p

Refbacks

  • There are currently no refbacks.


Ratio Legis Journal has been indexed in: