Analysis of Legal Problems of Police Policy in the Implementation of the Restorative Justice Concept

Abstract

The purpose of this research is toknowing and analyzing legal problems in the police's efforts to implement the concept of restorative justiceIn this paper, the author uses a normative juridical method with descriptive analysis as the research specification. The Indonesian National Police (Polri) has adopted strategic policies to bridge and accommodate the concept of restorative justice in law enforcement, which is based on the application of progressive forms of law. The Police's efforts in actualizing the concept of restorative justice are not without problems; the development of restorative justice in Indonesia is very slow in terms of legal certainty. The problem of the concept of restorative justice will never be sufficient if it is only regulated in technical police regulations without legal legitimacy in a hierarchy at the level of law. There has been no comprehensive explanation at the level of law regarding the definition, principles, and application of criminal settlement based on restorative justice. This problem is a serious problem that raises concerns about the failure to achieve the goal of upholding justice (miscarriage of justice) for victims and perpetrators of criminal acts, which has implications for the success of the Police's efforts in taking restorative justice steps.