Heni Marni Bu'ulolo

PENERAPAN RESTORATIVE JUSTICE TERHADAP TINDAK PIDANA PENCURIAN

Introduction

Penerapan restorative justice terhadap tindak pidana pencurian. Telusuri penerapan restorative justice pada tindak pidana pencurian di Indonesia. Pahami efektifitasnya dalam penyelesaian konflik dan dukungan masyarakat, berlandaskan hukum adat.

Abstract

The Indonesian society is accustomed to using deliberate processes to settle conflicts and resolve issues. Customary law, or local Indonesian law, has been utilized since before the Dutch arrived in Indonesia to settle a wide range of conflicts, both civil and criminal, with the goal of reestablishing equilibrium or correcting the situation. Restorative justice is the term now used to address this issue. In criminal cases including the offender, victim, victim's family, and other connected parties, restorative justice emphasizes restoration to the pre-crime state rather than vengeance in an effort to find an equitable conclusion. Finding out how restorative justice is administered to theft crimes is the goal of this research (South Nias Police Research). The study methodology is sociological legal research, which looks at relevant legal provisions in light of societal realities as they exist. The primary, secondary, and tertiary data that were gathered from secondary legal texts were used in the data gathering process. Qualitative data analysis is the method employed. Analyzing qualitative data is done concurrently with the process of gathering data. The best way to resolve a theft case without causing injury to either side is to apply restorative justice, according to the research findings and debate held at the South Nias Police study. While the police must first confirm that the criminal conduct satisfies the legal and material requirements, the implementation of restorative justice is incredibly effective. The police will carry out peace when these two conditions are met by presenting both parties and creating a peace letter signifying that the crime has been finished. that the community, particularly those involved in legal disputes, strongly supports the resolutions reached by the police with the use of restorative justice.

Review

The paper, "PENERAPAN RESTORATIVE JUSTICE TERHADAP TINDAK PIDANA PENCURIAN" (The Application of Restorative Justice to Theft Crimes), presents a timely and relevant exploration of restorative justice (RJ) in Indonesia, specifically focusing on theft cases in South Nias. The abstract effectively situates RJ within Indonesia's long-standing tradition of using customary law for conflict resolution, emphasizing its alignment with the goal of re-establishing equilibrium rather than pursuing vengeance. The central aim of the research is clearly defined: to investigate how restorative justice is administered in theft cases by the South Nias Police, contributing to the understanding of practical implementation in a local context. The methodology employed is sociological legal research, which appropriately combines an examination of legal provisions with an analysis of existing societal realities. Data collection is described as involving primary, secondary, and tertiary data, though the abstract primarily emphasizes secondary legal texts. The use of qualitative data analysis, performed concurrently with data gathering, suggests a rigorous approach to understanding the nuances of RJ application. The findings highlight the significant potential of restorative justice as an effective method for resolving theft cases without causing further harm to either party. Crucially, the research identifies the police's role in verifying legal and material requirements before facilitating peace, culminating in a peace letter. Strong community support for these police-mediated resolutions is also a key finding. Overall, the paper offers valuable insights into the practical application and community acceptance of restorative justice in an Indonesian setting. While the abstract strongly advocates for RJ as the "best way" and "incredibly effective," future iterations or the full paper could potentially delve deeper into the specific challenges encountered during implementation, the precise criteria for police verification, and the long-term impacts on recidivism or victim restoration. Nevertheless, this study provides a robust foundation, demonstrating how restorative justice aligns with indigenous conflict resolution practices and offers a culturally resonant and effective alternative to traditional punitive measures for minor criminal offenses like theft.

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