IMPLEMENTASI KEADILAN RESTORATIF OLEH POLRIDALAM PENYELESAIAN PERKARA TINDAK PIDANAPENGANIAYAAN

Abstract

The Indonesia National Police as a state tool in the field of security and public order, one of its
main tasks is criminal law enforcement, where in the process of investigating criminal acts,
Police Investigators can apply restorative justice in the settlement of criminal acts that occur.
However, in reality, the application of restorative justice has not fully considered material and
formal requirements with an emphasis on the recovery of victims of crimes. This research is a
normative legal researcher, with a legislative approach and a case approach. The results of the
research are, First, the provisions on restorative justice by the National Police in the settlement
of criminal cases of persecution are regulated in the Regulation of the National Police Chief
Number 6 of 2019 concerning Criminal Investigation and the National Police Regulation Number
8 of 2021 concerning the Handling of Crimes Based on Restorative Justice, which regulates the
material requirements and formal requirements that must be met in the application of restorative
justice. Second, the implementation of restorative justice by the National Police in the settlement
of criminal cases of persecution in cases handled by the Investigator criminal investigation unit
of the Bekasi City Metro Police, where the Investigator has resolved the case involving the
perpetrator of CK and the victim of ID through restorative justice with the consideration that
there has been a peace agreement and the provision of compensation from the perpetrator to
the victim, but the Investigator has not considered the material and other formal requirements
between does not cause public unrest, and the limiting principle is that the level of the
perpetrator's fault is relatively not severe, and there is a need for an apology from the
perpetrator to the victim and the community as a form of responsibility for the perpetrator in
order to restore a peaceful and peaceful situation as it was before the crime occurred