Tinjauan Keadilan Restorative dalam Penyelesaian Tindak Pidana Ringan di Tanah Karo (Studi Kasus Polres Tanah Karo)

Abstract

Restorative Justice is a new model in the criminal case resolution process that focuses on the direct involvement of perpetrators, victims, and the community in the criminal case resolutionprocess. In cases of minor crimes, restorative justice can be used to resolve cases. This study aims to determine the legal regulations regarding restorative justice, the process ofresolving minor criminal cases through restorative justice, and the obstacles faced by the police at the Tanah Karo Police Station in its implementation. This study was conducted using the Normative-Empirical method. The results of this study indicate that Police Regulation No. 8 of 2021 concerning the Settlement of Criminal Cases Based on Restorative Justice is used to implement restorative justice in cases of minor assault. If formal and material requirements are met, the case can be resolved. Among the obstacles to the implementation of restorative justice are the failure to reach an agreement on compensation, the existence of previous problems, and dissatisfaction with the restorative justice system. Due to these obstacles, the police are responsible for finding solutions so that restorative justice can be used as an alternative case resolution that can provide justice rather than simply resolving the case. Restorative Justice is a new model in the criminal case resolution process that focuses on thedirect involvement of perpetrators, victims, and the community in the criminal case resolutionprocess. In cases of minor crimes, restorative justice can be used to resolve cases. This study aims to determine the legal regulations regarding restorative justice, the process ofresolving minor criminal cases through restorative justice, and the obstacles faced by the police at the Tanah Karo Police Station in its implementation. This study was conducted using the Normative-Empirical method. The results of this study indicate that Police Regulation No. 8 of 2021 concerning the Settlement of Criminal Cases Based on Restorative Justice is used to implement restorative justice in cases of minor assault. If formal and material requirements are met, the case can be resolved. Among the obstacles to the implementation of restorative justice are the failure to reach an agreement on compensation, the existence of previous problems, and dissatisfaction with the restorative justice system. Due to these obstacles, the police are responsible for finding solutions so that restorative justice can be used as an alternative case resolution that can provide justice rather than simply resolving the case.