Abstract

This study aims to analyze the forms of implementing restorative justice carried out by law enforcement officials in the completion of minor offenses, as well as the obstacles experienced by law enforcement officials in implementing the restorative justice approach to the completion of minor offences. This type of research is a prescriptive reasearch, data sources consist of primary data and secondary data. Primary data obtained through interviews with related parties and secondary data obtained through documents relating to the restorative justice approach in the completion of minor offenses. The results showed that in the four indicators used by law enforcers in implementing the restorative justice approach in completion of minor offenses, namely mediating victims, perpetrators of compensation, restitution and community services. The indicator that is often used by the Wajo District police is the mediation of the victims, because in this way it facilitates the implementation of the restorative justice approach in completion of minor offenses. The obstacles experienced by law enforcement officers in implementing the restorative justice approach to the completion of minor offenses namely in terms of regulation using the Circular of head Indonesian National Police Number: SE/8/VII/2018 regarding the application of restorative justice in the completion of minor offences cases, readiness of facilities/inadequate infrastructure and differences in perceptions between work units to one another so that it inhibits the implementation of the restorative justice approach in completion of minor offences. Keywords : implementation, minor offences, restorative justice. DOI : 10.7176/IAGS/77-06 Publication date: November 30 th 2019

Highlights

  • The success of national development has increased community legal awareness.1 The Criminal Code (KUHP) divides offenses or criminal acts in two groups, namely crime and Abuse which are regulated in Book II of the Criminal Code

  • In the meeting between the victims themselves, the Wajo District Police Department acted as a facilitator who guided the mediation process between the victims, the victims and the perpetrators had the opportunity to express their opinions on the crimes they had experienced

  • The obstacles experienced by law enforcement officers in implementing the restorative justice approach to the completion of minor offenses are as follows: 1. Regulations

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Summary

Introduction

The success of national development has increased community legal awareness. The Criminal Code (KUHP) divides offenses or criminal acts in two groups, namely crime (misdrijvenj) and Abuse (overtredingen) which are regulated in Book II of the Criminal Code. As for Wirjono Pradjodikoro in his book ‘Principles of Criminal Law in Indonesia’ states that:2 “In the Criminal Code there are several crimes concerning property (vermogendelicten), if the losses caused do not exceed twenty-five rupiahs, they are called “minor offences” (lichte misdren) and are only called a maximum sentence of 3 months imprisonment. Minor maltreatment in Article 352 paragraph (1) of the Criminal Code c. Land grabbing in Article 385 paragraph (1) of the Criminal Code. 3

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