TINJAUAN YURIDIS PENERAPAN RESTORATIVE JUSTICE DALAM PENYELESAIAN PERKARA TINDAK PIDANA PENCURIAN DI WILAYAH HUKUM KEPOLISIAN SEKTOR KUANTAN MUDIK (LAPORAN POLISI NOMOR : LP/36/X/2022/RES KUANTAN SINGINGI/SEK KUANTAN MUDIK )
Abstract
Restorative Justice is a settlement process carried out outside the criminal justice system involving victims, perpetrators' families, victims' families, religious leaders and community leaders and parties who have an interest in a crime that occurs in order to reach an agreement. The problem in this study is how to apply Restorative Justice in the case of theft, and what is the impact of applying Restorative Justice in the case of theft at the Kuantan Mudik Police Sector. This study uses a sociological legal research method and is descriptive, namely research that provides a clear and detailed picture of the problems studied by the author. The results of this research and discussion are that the application of Restorative Justice in resolving the crime of theft in the jurisdiction of the Kuantan Mudik Police is carried out with the consideration that the perpetrators still have a long future, so they still need to be given the opportunity to change for the better. The application of Restorative Justice to the crime of theft is carried out through a process of mediation, negotiation between the perpetrators of the crime, victims, the perpetrator's family and, the community and law enforcement so as to reach a mutual agreement. The impact of implementing Restorative Justice is grouped into two types, namely Positive impacts and Negative impacts. Positive impacts are that it lightens the burden of investigators in resolving criminal cases, the perpetrators are still well received in society and the losses experienced by the victims are replaced by the perpetrators. While the negative impacts are that perpetrators of criminal acts whose cases are resolved with Restorative Justice are likely to repeat their actions because the assumption is that the perpetrators of criminal acts will be resolved with Restorative Justice and not all people who then know about the concept of Restorative Justice as a replacement for the general criminal system.