The Role of Restorative Justice in Investigations

Abstrak

Restorative justice is an approach to making transfers and institutionalization consistent with justice. Restorative Justice is built on the basis of positive traditional community values and the sanctions implemented respect human rights. The purpose of this writing is to analyze the role of restorative justice in investigations. The approach method used in this research is a sociological juridical approach. The conclusion drawn is that restorative justice is a model for resolving criminal cases outside of court which in its implementation involves the perpetrator, victim, social institutions, law enforcement and the community. The rationale for resolving criminal cases with restorative justice is: first, crime is an individual problem and the consequences of crime will not only be felt by the perpetrator, but can also be felt by the community, although indirectly, so that in resolving it it becomes a collective problem. Second, resolving criminal cases with restorative justice is a form of examination of the workings of the criminal justice system which is difficult for society to penetrate. This difficulty is not only in the procedural stage, but court decisions are also difficult to correct, except by legal means. Third, resolving criminal cases with Restorative Justice is actually a commitment from all parties to state that crime is not only a legal problem, but is a human problem, so that in resolving it, a humane approach must be used.