The Effectiveness of Implementing Restorative Justice in Settlement of Fraud and Embezzlement Cases Based on Legal Benefits (Case Study of Metro Jaya Regional Police)

Abstract

The application of restorative justice in handling fraud and embezzlement cases involving suspects KK and AJ with PT. P, related to an advertising cooperation agreement, serves as a concrete example of restorative justice implementation at the investigation stage, where both parties reached an amicable settlement after the suspects agreed to fully compensate the victim's losses. The purpose of this research is to examine the implementation of restorative justice in resolving fraud and involvement cases by highlighting its procedural stages, identifying obstacles faced by law enforcement officers, and proposing applicable solutions. This study also aims to assess the effectiveness of restorative justice based on the principle of legal utility. The research adopts asociological juridical approach. The results of this study show that: The implementation of restorative justice in fraud and involvement cases at the Jakarta Metropolitan Police begins with report filing, investigation, and inquiry to ensure the fulfillment of criminal elements, followed by an assessment of eligibility for restorative resolution under Police Regulation No. 8 of 2021. Internal obstacles include limited investigative authority after case completion (P21) and the absence of clear technical or procedural guidelines within the police institution, while external obstacles involve victims' psychological unpreparedness for mediation, distrust toward the offender or authorities, and lengthy bureaucratic approval processes. The implementation of restorative justice in resolving fraud and embezzlement cases at the Jakarta Metropolitan Police remains ineffective due to legal weaknesses that rely solely on internal police regulations without explicit recognition in the Criminal Procedure Code (KUHAP). Moreover, law enforcement officers often lack mediation skills, and societal retributive culture and stigmatization of offenders hinder its acceptance. Nevertheless, the available facilities and infrastructure at the Jakarta Metropolitan Police are relatively adequate.