Effectiveness of Implementing Restorative Justice in Theft Criminal Acts Based on Utility (Case Study of the Nunukan Police Resort)

Abstract

This study is entitled "The Effectiveness of Restorative Justice Implementation in Expediency-Based Theft Crimes (A Case Study of the Nunukan Police Resort)". This research is motivated by the increasing application of restorative justice as an alternative to resolving criminal cases, including petty theft crimes, which emphasizes restoring relationships between perpetrators, victims, and the community. This approach is considered to provide more benefits for the parties compared to the conventional criminal justice system that is oriented towards revenge. In the context of the Nunukan Police Resort, the restorative justice approach has been used in several theft cases by considering aspects of humanity and social benefits. The research method used is socio-legal research, an approach that combines normative studies of laws and regulations with empirical analysis of field practices. Data were obtained through a literature review of legal doctrine, laws and regulations, and previous research findings, as well as through interviews and documentation at the Nunukan Police Resort. The analysis was conducted qualitatively by connecting restorative justice theory, Lawrence Friedman's legal system theory, and Satjipto Rahardjo's progressive legal theory. The research results indicate that the application of restorative justice in theft cases at the Nunukan Police Station has been quite effective, especially in cases of minor theft that do not result in significant losses. However, this effectiveness still faces several obstacles, such as limited understanding among law enforcement officers, the lack of uniform procedural standards, and the potential for injustice to victims if the mediation process is not balanced. Nevertheless, a benefit-based restorative justice approach is still considered capable of creating more humane and efficient solutions, and providing broader social benefits for both perpetrators, victims, and the community.