Restorative Justice Policy in the Police Investigation Function

Abstract

The aim of this research is to determine and analyze the scheme of restorative justice efforts by the Police during the investigation process. In this writing the author uses a normative juridical method with research specifications in the form of descriptive analysis. The authority of the National Police to stop investigations only based on non-criminal reasons; insufficient evidence; or by law. The National Police is not given the authority to stop cases on the grounds that they were resolved outside 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. In the National Police Chief Regulation Number 6 of 2019, it is also reaffirmed in Article 1 point 1 that the National Police of the Republic of Indonesia has an essential role in maintaining security and public order, enforcing the law and providing protection, guidance and service to the community. So, in this case it can be observed that the role of the police in society is very important, both as a protector for the community, maintaining security and order, realizing legal certainty, and providing a sense of justice for the community so that a harmonious social order is created between each other.