Settlement Of Criminal Cases Research Articles

Local Wisdom-based Restorative Justice Approach to Customary Violations Committed by Children

Child protection is an effort to create conditions so that children can carry out their rights and obligations while still prioritizing their best interests. There are three things discussed in this study namely: punishment policy in the use of diversion and restorative justice, values and forms of restorative justice, and the role of custom in cases of children in conflict with the law. This study is an empirical legal study that examines the settlement of criminal cases committed by children with a restorative justice approach. The data used are primary data and secondary data. Analysis of the problems is carried out qualitatively. The policy of handling children's cases with the concept of restorative justice, which promotes peace through deliberations involving various parties, religious and traditional leaders, and the community is very much in line with the concepts of progressive law and substantive justice. To realize the settlement of cases based on restorative justice, relevant stakeholders are expected to be able to apply the values of restorative justice in practice to be able to produce peace agreements that reflect the sense of community justice. Efforts to resolve cases or customary issues carried out by deliberation by traditional elders as village peace judges, are part of the application of local Balinese wisdom and are the best step to restore the situation as before by sticking to the spirit of kinship, mutual care, compassion, and care. Keywords: Children, customary village, diversion, local Balinese wisdom, restorative justice

The Authority of Bale Mediasi in the Settlement of Criminal Cases in West Nusa Tenggara Province (A Deliberative Approach)

The settlement of criminal cases is the authority of law enforcement, in this case the police, prosecutors, and courts. In criminal law, penal mediation or diversion is also known, but the mediator is usually a law enforcement officer and is completed in law enforcement institutions, not in certain communities such as the West Nusa Tenggara Bale Mediasi. The research method used in this research is normative research with a statute approach and conceptual approach. The results of the research found that Bale Mediasi has the authority to resolve criminal cases as long as it does not conflict with statutory regulations, based on the spirit of restorative justice and diversion in Law Number 11/2012, local values, and handling cases through consensus procedures. So that an agreement between the parties is reached as referred to in Law Number 30 of 1999 concerning Arbitration and Alternative Dispute Resolution. The deed of peace in criminal cases produced through the mediation process at Bale Mediasi is final and binding. To strengthen the peace deed, it can be registered with the court to obtain executorial power. If no peace agreement is reached between the parties, the dispute settlement continues in accordance with applicable legal procedures in a professional and proportional manner. It is suggested that it needs to be clarified in regional regulation number 9 of 2019 concerning Bale Mediasi related to the type of religious civil disputes that can also be obtained to the religious court to obtain executorial power. In addition, it is necessary to hasten the signing of a memorandum of understanding between the Governor and the Head of the Regional Police, the High Prosecutor and the President of the High Court as the basis for the executorial deed of peace.

Restorative Justice as an Effort to Fulfill the Constitutional Rights of Citizens

This study aims to determine whether the settlement of criminal cases through restorative justice is an effort to fulfill the constitutional rights of citizens. The method used in this research is normative legal research with a statutory approach and a conceptual approach. The results of the study show that the settlement of cases through restorative justice is an effort to fulfill the constitutional rights of citizens because the principle of resolving cases through restorative justice can be said to be more able to guarantee justice and equality before the law (equality before the law) as regulated in Article 27 paragraph (1), Article 28D paragraph (1) and Article 28I paragraph (2) of the 1945 Constitution of the Republic of Indonesia.

Implementation of Penal Mediation "Tepung Tawar" as Criminal Case Settlement in Palembang, South Sumatra

Legal pluralism in Indonesia makes it a dynamic legal dynamic. Conflict resolution in social relations, whether it is a civil or criminal matter in Indonesian customary society prefers to be resolved by family or deliberation. In the settlement of criminal cases in Palembang, there is a customary tradition known as "tepung Tawar". This dispute resolution ends with "berangkan-angkanan" (binding brotherhood) which indicates that both parties have reached a consensus/agreement. In writing this Community Service article I will discuss the implementation of the customary tradition of "tepung tawar" in Palembang, South Sumatra Province, this activity aims to provide understanding to the community about restorative justice by means of "tepung tawar" as a medium for conflict resolution.

Settlement of Criminal Cases through Integration Customary Law Values Angkon Muakhi in Lampung Province

Settlement of Criminal Cases through Integration Customary Law Values Angkon Muakhi in Lampung Province

The Effectiveness of The Settlement of Alleged Criminal Offences of Insult or Defamation Through Electronic Media with Restorative Justice at The Investigation Stage

Restorative justice aims for legal settlement to create an agreement on the settlement of criminal cases. This research study aims to find the effectiveness of the settlement of alleged criminal offences of insult or defamation through electronic media at the investigation stage. This type of research is descriptive qualitative research using a combination approach between doctrinal (normative) and non-doctrinal (empirical) research. The results showed that the settlement of alleged criminal offences of insult or defamation through electronic media with restorative justice at the investigation stage has been effective. This is measured by the level of knowledge of Law Enforcement Officials and the public that has been sufficient and the dominant respondent considers that the justice of the victim can be fulfilled through restorative justice. However, there is still a need for regulations at the level of laws that can serve as guidelines for law enforcement officials in handling criminal cases.

Justice and Utility in the Settlement of “Klacht Delict” through Mediation: Concept and Impact in Aceh

This article examines the process of settlement of criminal cases of whole complaints resolved in Aceh through mediation. The settlement of “klacht delict (delik aduan)” cases in Aceh is practiced in the customary law society by directing the Qanun Aceh. The main focus of this study is the process of its completion, the legal effectiveness of the concept of mediation, as well as consideration of aspects of the legal purpose of the mediation process. This study uses empirical juridical methods which are analyzed using a restorative justice approach and legal sociology. Data was collected by conducting in-depth interviews and document studies. The results of the research showed that the criminal complaints settled by mediation with the non-litigation pattern practiced by law enforcement and the community in Aceh have met the legal objectives, including the aspects of utility and justice. This model of settlement has met the requirements of usefulness and justice for perpetrators and victims and is considered complete, so the case has not proceeded to the stage of investigation and is not passed on to the prosecution. Nevertheless, the settlement through mediation is not satisfied from the point of view of legal certainty, as the general criminal gap must not be resolved by mediation. Sociologically, this legal rule has an impact on society regarding criminal complaints that are resolved through mediation through non-litigation and are never again demanded for a law enforcement process regarding the results of the mediation which has been stated in the peace deed. So mediation has an impact on the realization of peace and order in society.

Prosecutorial Power: Ending Prosecutions Through Restorative Justice Principles

This data article delves into the evolving landscape of criminal law enforcement through the lens of prosecutors' authority to terminate prosecutions using restorative justice principles. Utilizing a normative research approach, it scrutinizes Attorney General Regulation Number 15 of 2020 on Termination of Prosecution Based on Restorative Justice alongside statutory regulations Number 11 of 2021 and the concept of restorative justice itself. The study reveals that prosecutors indeed possess the power to end prosecutions when cases are resolved outside the courtroom, as evidenced by the issuance of the Decree on Termination of Prosecution (SKPP). This approach, rooted in article 35 paragraph (1) letters c and J of the Republic of Indonesia Prosecutor's Law, signifies a delegation of authority from the Attorney General to the Public Prosecutor. These findings emphasize the compatibility of restorative justice practices with the fundamental objectives of criminal law enforcement.
 Highlights:
 
 Prosecutor's Authority: Prosecutors have the authority to discontinue prosecution based on restorative justice principles.
 Out-of-Court Settlement: SKPP is issued after out-of-court settlement of criminal cases through restorative justice mechanisms.
 Legal Basis: The legal basis for such action is the Indonesian Prosecutor Law Article 35 paragraph (1) letter c and J, which confirms the delegation of authority from the Attorney General to the Public Prosecutor.
 
 Keywords: Termination of Prosecution, Criminal, Restorative Justice

Sinkronisasi System Perdamaian Khusus Tindak Pidana Pencurian Kelapa Sawit di Wilayah Polsek Bahar Selatan Melalui Hukum Adat Setempat dan Hukum Positif Indonesia

Palm oil theft was resolved in a customary manner by the people of Bahar Selatan Muara Jambi rather than through the criminal justice system starting from the Bahar Selatan Police so they were interested in doing research. The aim of the research is to understand and analyze the Settlement of Criminal Cases according to Selata customary law, to examine the actions and efforts in the jurisdiction of the Bahar Police, the research method uses empirical juridical. Completion of Criminal Cases Based on Customary Law in the Legal Area of the South Bahar Police with customary institutions at the sub-district level of South Bahar on the basis of considerations of theft caused by the difficulty of finding work, due to the number of residents who do not match employment opportunities, the large number of people who drop out of school, because of school graduation certificates is a formal requirement for finding a job. Therefore people use shortcuts, namely working a little and making a lot of money. even if you commit an unlawful crime of theft. The Attitudes and Actions of the Police of the Bahar Selatan Police on the Report on Completion of Criminal Theft according to Customary Law while continuing to carry out the minutes through the restorative justice process and the results of peace through adat as a witness to the tuo tengganai traditional institutions of the South Bahar Sub-District The efforts of the South Bahar Police in Providing an Understanding of the Synchronization of Local Customary Law and Indonesian Positive Law in Enforcing the Criminal Law of Palm Oil Theft in the South Bahar Police Area through outreach through socialization by providing an understanding of procedures Guidelines for the mechanism for implementing restorative justice in Enforcing the Criminal Law of Palm Oil Theft in the South Bahar Police Area the suggestion put forward is that involvement is needed the community, traditional institutions and stakeholders of Bahar Selatan in carrying out the settlement of criminal cases of theft, bearing in mind that the community (environment) is an object that is directly affected by a crime, and also that the community can participate in the settlement process from start to finish, such as: restoration of rights victims and vindication of perpetrators. Simultaneous increase in police officers carrying out socialization in the midst of society the importance of restorative justice in the context of synchronizing peace with traditional institutions.

Restorative Justice Paradigm

The paradigm shift from retributive justice to restorative justice has encouraged institutional awareness that restorative justice methods are alternatives that need to be strengthened both in terms of policy and practice. This has prompted law enforcement agencies to begin drafting and enforcing restorative justice policies in the criminal case settlement process. The purpose of this research is to analyze the working process of restorative justice policies through their implementation practices in each institution that focuses on various criminal justice institutions in Pontianak City. This study will describe the factors that influence the process of working in restorative justice by elaborating on the paradigm of law enforcement officers, policies at their institutions, and their experiences and practices. The method used is normative-empirical legal research as research on law enforcement in concreto. Although the paradigm of punishment has shifted towards a restorative paradigm, the findings in the field showed frequent obstacles. First, cross-sectoral regulatory factors that regulate restorative justice mechanisms with different mechanisms. Second, the weak integration of the criminal justice system as seen in practice between the Pontianak Police and the Pontianak District Attorney Office has not shown the integration of the criminal justice system in the corridor of enforcing the principle of functional differentiation. Third, the factor of criminal law policy is overcriminalistic so it is still overshadowed by the retributive and punitive colonial paradigm. Fourth, factor in the small period of time in the prosecutor's office due to tiered assessments within the structural corridors of leadership. Fifth, the legal culture factor of society is still mostly punitive.
 Keywords: Paradigm; Restorative Justice; Criminal Justice System

Diversi Dalam Penanganan Anak Yang Berkonflik Dengan Hukum Dalam Sistem Peradilan Pidana Anak

Introduction: Children in conflict with the law in the juvenile criminal justice system, the form of settlement is with a restorative justice approach through diversion which is an initial step in the settlement process before proceeding to the next legal process.
 Purposes of the Research: This study aims to analyze and examine the implementation of diversion in handling children in conflict with the law.
 Methods of the Research: The type of research used in this research is empirical. Sources of data include primary data and secondary data. Data collection techniques through interviews and literature study and data analysis using qualitative analysis.
 Results of the Research: The results showed that the implementation of diversion in handling criminal acts committed by children was in accordance with what was mandated by the Juvenile Criminal Justice System Act at the stages of investigation, prosecution and trial. If the settlement of a criminal case committed by a child through diversion is successful in peace between the parties, the report will be revoked because there has been a mutual agreement in the peace made. The settlement process with this diversion did not all run smoothly and succeeded in reaching a peace agreement between the parties. If the diversion process does not result in an amicable agreement or the diversion agreement is not implemented, then the juvenile criminal justice process will proceed to the Court. In the settlement of criminal cases committed by children, there are still obstacles faced by law enforcement officers and litigants and there are still factors that hinder the implementation of diversion.

Juridic Analysis of Implementation of Resolving Criminal Acts of Fraud Through Restorative Justice (Study of Directorate of General Criminal Investigation of the Riau Islands Police)

The police are law enforcement agencies that are given the authority to carry out investigations and investigations of criminal acts which are then faced with legal developments in the form of the concept of resolving criminal cases using restorative justice which aims to provide legal certainty, benefit, and justice. Therefore, this study aims to find out how the legal arrangements, implementation, and constraint factors as well as solutions related to the application of a Restorative Approach to the Settlement of Criminal Cases by the Directorate of General Criminal Investigation of the Riau Islands Police are made. This study uses empirical legal research (field) using a normative juridical approach, namely in the form of an analysis of the legal arrangements that regulate matters that become problems to obtain secondary data, and a sociological juridical approach to obtain primary data through field research. The results of this study indicate that the legal arrangements in this writing are the Circular Letter of the Chief of Police Number SE/8/VII/2018 concerning the Application of Restorative Justice in the Settlement of Criminal Cases, the Regulation of the Chief of Police Number 6 of 2019 concerning Investigation of Criminal Acts Article 12 and the State Regulation of the Republic of Indonesia Number 8 2021 on Handling Crimes Based on Restorative Justice.

NON LITIGATION AS A SETTLEMENT IN THE JUSTICE MODEL OF HANDLING CHILDREN AS VICTIMS

Justice of the peace is a peaceful effort or solving criminal cases outside the court used by law enforcement to realize the purpose of law for victims and accused of criminal acts. Justice of the peace is not regulated in the Criminal Procedure Code, but this rule has been regulated in the police, the prosecutor's office and the juvenile criminal justice system. Need to do a first analysis of how the legal basis of Justice of the peace by law enforcement in an effort to provide a sense of justice for victims in the Criminal Procedure Law system in Indonesia?. Second, How does justice of the peace as an effort to provide a sense of justice for victims of child abuse case study in Medan Polrestabes?. The research method is normative juridical by analyzing the rule of law related to restorative justice and case studies of child abuse in Medan Polrestabes. That the regulated Justice of the peace has fulfilled the legal purpose and legal basis of restorative justice in the police with “Perpol No. 8 of 2021 in the settlement of criminal cases in the handling of investigations, the Indonesian prosecutor's regulation in the termination of prosecutions, the Supreme Court issued rules in terms of guidance on using non-litigation settlement from the investigation stage, prosecution to the trial process. That analyze restorative justice case study of child abuse in Medan Polrestabes the peace process is an agreement taken for the benefit of the victim, not the interests of the perpetrator in order to meet the legal objectives of certainty, justice and benefit for the victim.

Mediation of Criminal Cases as an Effort to Settle Criminal Actions Based on Local Wisdom in Indonesia

Penal mediation is carried out to bring together criminal offenders and victims, so this penal mediation is often also known as "Victim Offender Mediation" (VOM). In Indonesia itself, the use of mediation can be seen in Law No. 30 of 1999 concerning Arbitration and Dispute Resolution. Settlement of cases through mediation is in line with the concept of local wisdom that lives in Indonesian society. The noble values contained in the Pancasila state foundation fade with the times and technology; the values contained therein, such as divinity, justice, decency, harmony, unity, humanity, and mutual cooperation, are no longer reflected in the lives of the nation, state, and society. Society is also included in the formulation of legal products. Penal mediation is less well known among Indonesians. In mediation, the urgency is the value of Pancasila in the settlement of criminal cases in Indonesia, which is the community's need for a progressive, humane criminal dispute settlement that provides a sense of justice for victims, society, and perpetrators, which cannot be carried out by national criminal law. The local wisdom of people in various regions of Indonesia in the settlement of criminal disputes based on deliberation and consensus (mediation) as local institutions has not been utilized optimally in answering this problem. The formation of law in Indonesia is based on historical aspects and is in accordance with the conditions and circumstances of the people. In mediation, it requires the involvement of all stakeholders in solving criminal acts through mediation based on local wisdom using impartial or neutral media and mediators.

The Concept of Al-Islam and the Restorative Justice Approach in Settlement of Criminal Cases

Penelitian skripsi ini mengkaji tentang penyelesaian tindak pidana penganiayaan melalui restorative justice (studi tentang al-islah dalam hukum pidana Islam. Permasalahan terdiri dari dua masalah, 1) Bagaimana mekanisme penyelesaian tindak pidana penganiayaan melalui Restorative Justice di Kota Parepare. 2) Bagaimana penerapan al-islah dalam Hukum Pidana Islam terhadap kasus penganiayaan di Kota Parepare. Tujuan Penelitian ialah 1) untuk menemukan mekanisme penyelesaian tindak pidana penganiayaan melalui restorative justice dan yang ke 2) untuk menemukan bagaimana konsep al-islah dalam Hukum Pidana Islam. Selanjutnya pada metodologi penelitian menggunakan jenis penelitian lapangan file research dengan pendekatan deskriptif kualitatif yang berfokus pada Penyelesaian Tindak Pidana Penganiayaan Melalui Restorative Justice di Kejaksaan Negeri Parepare Studi Tentang Pemaafan dalam Hukum Pidana Islam) Sebagaimana yang bisa dilihat dalam perkara tindak pidana penganiayaan yang diselesaikan melalui restorative justice yang telah menjadi objek penelitian lalu teori yang digunakan untuk menyelesaikan perkara ialah teori restorative justice, teori pemaafan dan teori al-islah. Hasil penelitian menunjukkan bahwa 1) dalam proses penyelesaian tindak pidana penganiayaan melalui restorative justice dengan cara mempertemukan antara pihak korban dan pihak pelaku kejahatan untuk bersama-sama menyelesaikan masalahnya hingga tidak ada lagi pihak yang dirugikan, dengan kata lain terpenuhinya hak korban dan pelaku kejahatan dalam bentuk pertanggung jawaban baik, dengan adanya pemaafan dari pihak korban, sehingga pelaku tindak pidana tersebut tidak dijatuhi hukuman. 2) Dalam konsep pemaafan Hukum Pidana Islam tersebut sebagai bentuk pengampunan / pembebasan dari pihak korban terhadap pelaku tindak pidana diberlakukan proses yang disebut aI- islah artinya pelaku dengan korban dipertemukan lalu mereka sepakat untuk berdamai sehingga permasalahan tersebut dapat diselesaikan tanpa berlanjut ke Pengadilan.
 
 This thesis research examines the settlement of criminal acts of persecution through restorative justice (the study of al-islah in Islamic criminal law. The problem consists of two problems, 1) What is the mechanism for solving criminal acts of persecution through Restorative Justice in Parepare City. 2) How is the application of al-islah in Islamic Criminal Law to cases of persecution in Parepare City. The aims of the research are 1) to find a mechanism for solving criminal acts of persecution through restorative justice and 2) to find out the concept of al-islah in Islamic criminal law. Furthermore, the research methodology uses a type of field research file research with a qualitative descriptive approach that focuses on Completion of Criminal Acts of Persecution through Restorative Justice at the Parepare State Prosecutor's Office, Studies on Forgiveness in Islamic Criminal Law. The results of the study show that 1) in the process of resolving the crime of persecution through restorative justice by bringing together the victims and the perpetrators of the crime to solve the problem together so that no party is harmed, in other words, the rights of the victim and the perpetrator of the crime are fulfilled in the form of good accountability, with forgiveness from the victim, so that the perpetrator of the crime is not sentenced. 2) In the concept of pardon in Islamic Criminal Law as a form of forgiveness/exemption from the victim for the perpetrator of a crime, a process called aI-islah is applied, meaning that the perpetrator and the victim are brought together and then they agree to make peace so that the problem can be resolved without going to court.

Prosecutorial Application of Restorative Justice: Overview, Mechanism, and Commentary on Prosecution Cessation

This article discusses the implementation of prosecution cessation based on restorative justice by the Indonesian Public Prosecution Service. Restorative justice was introduced as an out-of-court criminal case settlement with certain conditions. Nevertheless, an unpopular opinion against the implementation of the prosecution cessation based on restorative justice as it is considered to deviate from the Indonesian Criminal Procedure Code. The purpose of the research in this article is to describe the concept of restorative justice, the implementation of the prosecution cessation based on restorative justice by the Indonesian Public Prosecution Service, as well as a juridical study of the implementation of prosecution cessation based on restorative justice in the perspective of the Indonesian Criminal Procedure Code. The research method in this article is normative juridical. Restorative justice is considered to be able to meet a sense of justice for the victim and society, as the perpetrator is required to be responsible for restoring the victim's condition to its original state by prioritizing mediation and dialogue. Coming from the perspective of the Indonesian Criminal Procedure Code, the implementation of stopping the prosecution based on restorative justice has the potential to become an object of pretrial. However, from the perspective of the idea of law, the prosecution cessation based on restorative justice satisfies the triad of justice and utility as the idea of law.

RESTORATIVE JUSTICE FORMULATION POLICY IN THE JUVENILE CRIMINAL JUSTICE SYSTEM IN INDONESIA

The aim of this research is to understand and evaluate restorative justice formulation policies in the juvenile criminal justice system in Indonesia. The judicial normative method is employed in this research approach. It can be concluded that in order to achieve restorative justice for every child, to create a balance between the interests of the perpetrator and the victim, and to also pay attention to the impact settlement of criminal cases so that they can live, grow, and develop, it is necessary to pay attention to how these provisions can be implemented in society, not just in the formulation of all laws and regulations.

Potential of plant DNA information in determining the provenance and identify of unknown victims

Determination of the personal identity of victims is particularly important for the settlement of criminal cases. Unfortunately, useful information for identification is not always available. We here propose that the particles (pollens) of some plants with specific geographical distributions extracted from human lung tissues contribute to further determining the provenance or long-term residence of unknown victims, thereby considerably narrowing the search scope of the victims. We collected lung tissues from 155 victims with diverse causes of death, extracted DNA from lung tissues, sequenced the DNA fragments of plants on the Illumina Hiseq platform, and barcoded the plant species using phylogenetic methods. Finally, 108 unique plant sequences were detected in 55 samples and identified to belong to 36 species in 32 genera of 29 families. These plants were predominantly insect-pollinated crops and ornamental plants. No significant difference was observed between male and female samples, between urban and rural samples, or among samples of different ages and different sample sizes. There were 16 samples with 21 wild plant species. The original sources of 15 samples were overlapped with the distribution regions of detected plants; 2 samples narrowed the original sources to 2 provinces, which were quite coincident with their source places; 1 sample had no overlapping with its victim source region. Although plant information was only found in one-third of the samples, we further demonstrated the great potential of plant eDNA in identifying the source of unnamed corpses in a real-world case. We used plant eDNA from lung tissues to explore the provenance of an unknown female corpse found in Beijing. The source place of this victim was narrowed to Guangdong and Guangxi provinces, and finally, we confirmed her true identity in the list of missing persons in Guangxi Province. In the presence of a well-covered local reference library, the plant species detected in the lungs can be accurately identified. In difficult criminal cases where physical evidence is relatively weak, plant DNA information may provide new clues. In conclusion, the plant particles trapped in the lungs are promising to help forensic experts narrow the search scope for the identity of unknown victims.

Child Justice System in ‘Uqubat Dropping of Child Sexual Abuse of Children

Settlement of criminal cases against children who conflict with the law must be oriented towards the principle of "The Best Interests Of The Child," namely the child's best interests. The Law on the Juvenile Criminal Justice System exists as an embodiment of this principle, prioritizing Restorative Justice to create an agreement on the settlement of criminal cases. With its regional autonomy, Aceh Province has the independence to make its own rules in the form of Qanuns, including Qanuns to resolve criminal cases committed by children, one of which is Qanun number 6 of 2014 concerning Jinayah Law. However, there was disharmony between the Juvenile Criminal Justice System Law and the Jinayah Law Qanun in the trial process and the type of verdict handed down. As in the criminal case of sexual abuse committed by a child, In the Jinayah Law Qanun, there is a separate procedure for determining a sentence for a juvenile offender, which is different from the sentence handed down when referring to the Law on the Juvenile Criminal Justice System. Another example is that diversion is not recognized in the Qanun Jinayah Law, and it becomes an obligation when referring to the Juvenile Criminal Justice System Law. This contradiction also affects the quality of the decisions issued by judges, in this case, the judges of the Syar'iyah Court.

Discontinuation of Prosecution Theft Crime Through Humanist Restorative Justice House in Islamic Criminal Law in Lampung

The existence of restorative justice certainly brings a new paradigm in the settlement of criminal cases, by seeking to settle cases solely outside the court. The implementation of restorative justice-based termination of prosecution can be applied to the crime of theft as the highest number of cases in Indonesia. Meanwhile, there has recently been the establishment of restorative justice houses in each jurisdiction of the prosecutor's office to optimize the resolution of all legal problems by filtering cases that go to court, dissemination of law to residents, and being able to develop local wisdom by involving local traditional leaders to emphasize consensus deliberation. In essence, Islamic law is a modern law because it has recognized the form of restorative justice settlement in jarimah qisas and diyat. The concept of restorative justice in Islamic criminal law is carried out through peace and forgiveness by realizing the creation of justice and balance for the perpetrators of criminal acts and the victims themselves. The research approach is to use a normative juridical method with reference to laws and regulations sourced from primary data and literature studies originating from criminal law literature in Indonesia, which is then processed into a specific conclusion. The results of the study show that humanist restorative justice houses are an alternative to solving cases of theft. the embodiment of restorative justice in a hybrid way within the prosecutor's office will be achieved as a humane law enforcement agency in Lampung province. Forgiveness given by the victim, or his family can cancel the kisas punishment. Through the concept of diyat, compensation for compensation for the consequences of the crime can be felt directly by the victim or his family