IMPLEMENTASI RESTORATIVE JUSTICE PADA PENYELIDIKAN DAN PENYIDIKAN TINDAK PIDANA (STUDI PADA KEPOLISIAN SEKTOR NGEMPLAK)

Yunico Nur Widianto, NIM.: 17103040060 (2021) IMPLEMENTASI RESTORATIVE JUSTICE PADA PENYELIDIKAN DAN PENYIDIKAN TINDAK PIDANA (STUDI PADA KEPOLISIAN SEKTOR NGEMPLAK). Skripsi thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

The criminal justice process starts at the police level in the form of the investigation stage which is the entrance to a judicial process. Currently, the approach of the justice system in Indonesia still uses a retributive approach where the purpose of punishment is retaliation against the perpetrator. If the criminal act is between an extraordinary crime, an ordinary crime, and a crime that cannot be followed up, a crime whose losses can be recovered, of course, it can receive a sense of justice and a social reaction to the victim. In this matter, the victim and the suspect are harmed by the criminal process, which is essentially to provide justice for both parties. The approach to the presence of a restorative justice approach with the principle of deliberation and consensus is expected to be an alternative in resolving a criminal case. At the stage of investigation, a recovery court approach can be carried out to resolve a criminal case. Therefore, the researchers are interested in researching the implementation of Restorative Justice in Criminal Investigation in the Ngemplak Sector Police. This research is descriptive-analytic in nature, which analyzes carefully the implementation of restorative justice at the investigation stage at the Ngemplak Police and the problems that occur, to be further analyzed using an empirical juridical approach. This approach is based on facts in the field in accordance with the results of interviews and data obtained as well as applicable laws. The case approach aims to apply legal norms or rules that are carried out in legal practice. Then it is with legal theories and practice of positive law implementation related to restorative justice in the investigation stage at Polsek Ngemplak Sleman. The results of this study state that, the implementation of restorative justice at investigations in the Ngemplak Sector Police uses restorative justice in the form of Victim-Offender Meditation and Family Group Conferencing in resolving a criminal case. The legal basis for Ngemplak Sector Police investigators in using the restorative justice approach is refers to to Article 5 section (1) number 4 and Article 7 paragraph (1) letter j Criminal Code Procedures, article 18 Law No. 2 Year 2002 on National Police, Regulation of the Chief of Indonesian National Police Number 6 Year 2019 on Criminal Investigation, Police Circular Letter No: SE/8/VII/2018 on the Application of Restorative Justice. In general, there are two problems of restorative justice that faced by the investigators, which are internal problems and external problems.

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