Implementation of Law Enforcement Regulations for the Criminal Act of Theft with Aggregation Through a Restorative Justice Approach

Abstract

The principle of the rule of law, as adopted by Indonesia, places the supremacy of law as the primary foundation for building national and state life. This means that the law should not be interpreted solely as procedural certainty, but must also reflect values of justice and benefit for the wider community. Therefore, criminal law must be directed not only at punishing perpetrators, but also at protecting the interests of victims, the community, and maintaining social order. The social legal research approach is legal research that uses primary data. The same thing is also stated that research. As socio-legal research, it views law as law in action, concerning the link between law and social institutions. Law enforcement regulations for aggravated theft in Indonesia have not yet adopted a restorative justice approach because the Criminal Code and Criminal Procedure Code are still oriented towards a retributive paradigm that emphasizes punishment, without providing a legal basis for dismissal of cases through restitution or reconciliation.