Settlement of Criminal Acts in The Law Enforcement Process Based on Restorative Justice (Research Study at Langkat Resort Police)

Abstract

Handling of criminal acts that can be stopped by investigation based on restorative justice in Article 4 paragraph (2) letter f of Police Regulation Number 8 of 2021 concerning Handling of Criminal Acts based on Restorative Justice. The general requirements for handling criminal acts based on restorative justice regarding crimes against life cannot be resolved by handling criminal acts based on restorative justice. However, in the process of resolving cases of crimes against life by the Langkat Police, legally and applying applicable legal provisions, the resolution of this case is also often carried out based on restorative justice through channels outside the court or in other words resolved through peace (islah) between the parties. The formulation of the research problem is how to resolve criminal acts in the law enforcement process based on restorative justice, and how is the implementation of the resolution of criminal acts in the law enforcement process based on restorative justice by the Langkat Police Resort? The approaches used in this research are normative-juridical and empirical. Normative-juridical research refers to legislation and utilizes secondary data. Empirical research, on the other hand, is field research utilizing primary data. The results of this study can be concluded that the resolution of criminal acts in the law enforcement process based on restorative justice. The Indonesian National Police (Polri) has outlined standards for using a restorative justice approach for violations or minor crimes, namely Polri Regulation Number 8 of 2021 concerning Handling of Criminal Acts based on Restorative Justice. The general requirements for handling criminal acts based on restorative justice include material and formal requirements. Material requirements include: Not causing unrest and/or rejection from the community; Not impacting social conflict; Not having the potential to divide the nation; Not being radicalism and separatism; Not being a repeat offender of a crime based on a court decision; and Not being a criminal act of terrorism, a crime against state security, a criminal act of corruption, and a crime against human life. For general requirements, handling criminal acts based on restorative justice in the form of formal requirements, include: Peace from both parties proven by a peace agreement and signed by the parties, except for narcotics crimes; and Fulfillment of the rights of victims and the responsibilities of the perpetrators, in the form of returning goods, compensating for losses, reimbursing costs incurred as a result of the crime and/or replacing damage caused by the crime. Proven by a written statement in accordance with the agreement signed by the victim (except for narcotics crimes). Implementation of criminal settlement in the law enforcement process based on restorative justice by the Langkat Police Resort insettlement of crimes against life in the investigation process in the police there are limitations for handling crimes that can be stopped by investigation based on restorative justice, but in reality many occur in society the settlement of crimes against life is based on penal mediation, but has not been accommodated by a regulation for the sake of legal force and certainty. peace in criminal cases against life, with forgiveness, and compensation by the perpetrator to the victim and the victim accepts sincerely and forgives the perpetrator, in fact there are no more parties who are harmed and the reprehensible nature of the perpetrator's actions is lost because of the good faith of the perpetrator to apologize and take responsibility for his actions. Related to the purpose of punishment, peace in resolving disputes is in line with the purpose of punishment, especially as a means of resolving conflicts, restoring balance and bringing a sense of peace in society.