The Application of Restorative Justice Approach by Law Enforcement in Resolving Criminal Cases within the Criminal Justice System

Abstract

This study investigates the implementation of restorative justice within the police domain, specifically focusing on its potential to halt and conclude criminal case proceedings at both the investigative and prosecutorial stages. The application of restorative justice principles is limited to non-recidivist offenders and encompasses all categories of criminal offences, with the exception of those outlined in article 5 letters d, e, and f of Police Regulation Number 8 of 2021, which pertains to the handling of crimes based on restorative justice. The primary aim of this thesis is to examine and evaluate the application of a restorative justice approach by law enforcement agencies in resolving criminal cases, with a specific focus on the cessation of such cases. Additionally, this study seeks to investigate and analyse the extent to which a restorative justice approach employed by the police contributes to legal certainty. The present study uses a normative juridical approach that places emphasis on conducting library research. This study used various approaches, including the statutory approach, the conceptual approach, the case approach, and the philosophical approach, in conjunction with qualitative analysis of legal materials. The findings of the research indicate that the implementation of a restorative justice approach in the police's handling of criminal cases has been observed at both the investigation and investigative stages, in accordance with the guidelines outlined in Police Regulation Number 08 of 2021, which pertains to the handling of crimes based on restorative justice principles.