Restorative Justicein the Settlement of the Mild Assault Case by Investigators at the Bintan Police

Abstract

The paradigm of criminal law enforcement has shifted from a retributive approach to a restorative approach. This study aims to analyze the implementation of Restorative Justice (RJ) by investigators in resolving cases of minor assault at the Bintan Police. The background of this study is based on the empirical fact that most cases of minor assault do not proceed to court, but are instead resolved through SP2.Lid and SP3. While the application of RJ is still very limited and has not become the primary pattern of case resolution. The method used is an empirical juridical approach with data collection techniques through in-depth interviews with investigators, victims, and perpetrators. This research is also supported by secondary data in the form of regulations such as Article 352 of the Criminal Code, Perpol No. 8 of 2021, and SEJA No. 15 of 2020. The results show that the RJ mechanism has been implemented in several cases through penal mediation, peace agreements, and the preparation of peace minutes, but has not been optimal. The main obstacles to the implementation of RJ include juridical obstacles (a lack of synchronization of legal regulations), structural obstacles (minimal training and investigator workload), and sociological obstacles (community resistance to peace mechanisms). This research suggests the importance of strengthening RJ regulations through specific legislation, increasing the capacity of investigators through penal mediation training, and involving community and traditional leaders to instill restorative justice values at the local level. Theoretically, this research contributes to strengthening a progressive legal paradigm and a legal system that is more responsive to the needs of victims' recovery and social harmony.