Potensi Implementasi Restorative Justice Dalam Penegakan Hukum Pidana Oleh Polri Guna Mewujudkan Keadilan Substansial (Analisa Yuridis Mengenai Penerapan Diskresi Kepolisian)

Yusuf Anas

Abstract


Indonesian Criminal Justice System in addressing crime is almost entirely always end up in jail. Though the prison is not the best solution in solving crimes, especially crimes with "damage" they cause can still be in the restoration, so that the conditions that have been "broken" can be restored to its original state. The restoration allows for the removal of the stigma of the individual offender. The punishment paradigm known as restorative justice, where offenders repair the harm has been caused to the victims, their families and communities. This type of research is normative research, The approach used is a statutory approach, conceptual approach and a case approach. This study uses data collection methods literature. Secondary data was obtained through literature or literature. The method used to analyze and process the data collected is qualitative analysis. The purpose of the use of such methods is to provide an overview of the existing problems with based on the normative juridical approach. In this method the data obtained by the secondary data, will be inventoried and systemized in the description descriptive analysis. The results showed that application of restorative justice in Indonesia can be done with a model Institute Council. Thus the law.enforcement agencies to make it as a solution to overcome the obstacles for law enforcement in case handling in the field in implementing restorative justice is through diversion. The police can do this via its discretion. Application of discretion will promote the establishment of justice in line with changes in the values espoused in the community. Constraints faced by the national police in implementing Restorative Justice is investigating concerns or fears will be blamed by the leadership of the absence of a clear legal shelter, no formal procedures or procedural mechanisms, still strong in the community paradigm which requires that every criminal act that should be subject to criminal penalties arising and the existence of a negative response from the public. Practice investigation conducted by the police during the investigation, other than by the flow of legal positivism, in the decision making process of investigation based on sociological jurisprudence model of legal reasoning is commonly practiced by police investigators . This is done by police investigators to implement the concept of restorative justice approaches.
Key words: Restorative Justice, Law Enforcement, Substantial Justice

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