PELAKSANAAN RESTORATIVE JUSTICE TINDAK PIDANA PENGANIAYAAN PADA TINGKAT PENYIDIKAN DI POLRES PEKALONGAN

Abstract

The purpose of this study is to review and analyze the implementation of restorative justice for criminal abuse in the level of investigation at the Pekalongan Police Station. Reviewing and analyzing the factors that hinder the implementation of restorative justice for criminal abuse at the level of investigation at the Pekalongan Police Station.
The police as criminal law enforcement are given authority, one of which is as an investigator at the investigation level. In the development of community needs, the police need to formulate new concepts in the criminal law enforcement system, especially to deal with criminal acts whose losses may be recovered, namely through the Restorative Justice policy.The method of approach in this writing is sociological juridical. The specifics of this study used descriptive analytics. Data sources use primary and secondary data. Data collection techniques use interview studies and document studies. To analyze the data, researchers use qualitative analysis methods.
The implementation of restorative justice for criminal abuse by investigators of the Doro Police Station, Pekalongan Regency, uses the Family and Community Group Conference model, namely restorative justice that involves families and community leaders to produce a comprehensive agreement. Formally referring to the regulations of Article 16 paragraph (1) letter L jo. Article 18 of Law No. 2 of 2002 concerning the National Police jo. Article 69 letter b of Perkap No. 14/2012 concerning Investigation Management jo. Police Chief Regulation Number 8 of 2021 concerning Handling of Criminal Acts Based on Restorative Justice. In addition, the investigator has the following material considerations: 1) Restorative justice is a good thing because the principle is win-win solutions and the solution is fast. 2) Settlement in a restorative justice manner by prioritizing the principles of expediency and legal justice. 3) The restorative justice process presents a substantial real reason, namely how law enforcement efforts can guide the community. Factors hindering the implementation of restorative justice criminal abuse in the level of investigation at the Pekalongan Police Station are influenced by the conditions and motivations of the parties in the process, public ignorance of the authority of restorative justice by investigators, and the lack of community role as social control and community cultural factors responding to the enactment of a law. To overcome the problems of restorative justice implementation, it is necessary to utilize restorative justice into the criminal law system through a rule of law that regulates the implementation of restorative justice at the investigation level.
Keywords: Restorative Justice, Criminal Acts of Torture, Investigation