The Concept of Law Enforcement of the Crime of Theft through a Restorative Justice Approach

Abstract

This research is considered important because efforts to resolve general criminal cases in Indonesia through a restorative justice approach can be realized if a regulation of material criminal law can be substantively reconstructed to provide legal certainty for justice seekers in a restorative justice manner. There was a conflict between Das Sein and Das Sollen. There are three problems raised in this dissertation research, which are about how the concept of law enforcement for criminal acts of theft through a restorative justice approach. To analyze these problems used the social legal research method. The results of this study found that the restorative justice approach is to realize the implementation of restorative justice in the settlement of general crimes with substantive legal, progressive, efficient and just powers. Reconstruction of several articles consisting of formal and material laws and regulations as well as law enforcement implementing regulations including the Criminal Code, the Criminal Procedure Code, the Prosecutor's Office Regulation of the Republic of Indonesia Number 15 of 2020 concerning Termination of Prosecution Based on Restorative Justice, Regulations Kapolri Number 14 of 2012 concerning Investigation Management, Kapolri Regulation Number 3 of 2015 concerning Community Policing. The concept of upholding the crime of theft through a restorative justice approach is to realize sentencing efficiency and a change in the sentencing paradigm. Looking at the phenomenon of the Indonesian judiciary which is very crowded from the accumulation of case files as an illustration of the large number of cases in this Republic, the condition of prisons that are over capacity, as well as the increasingly high state budget for financing legal proceedings.