Resolution Efforts For The Criminal Act Of Theft Through The Restorative Justive Approach In The Concept Of Legal Certainty

Abstract

The case of theft crimes in Indonesia is increasing. The penal system seems no longer to create a deterrent effect for criminals, as conventional sentencing processes focus more on the offenders alone, without considering the impact on the victims. Therefore, resolving theft crimes through restorative justice could be the best solution in handling cases of crimes that are private in nature, involving individuals or legal entities, by prioritizing the core issues of an offense. The aim of this research is to analyze: 1) To understand and analyze the resolution of theft crimes through the restorative justice approach. 2) To understand and analyze efforts to resolve theft crimes through the restorative justice approach within the concept of legal certainty. This type of research falls within the scope of normative juridical research. The methodological approach used in this research is qualitative. Primary and secondary data were collected through literature review. Data analysis was conducted qualitatively. The research findings concluded that: 1) Restorative justice concept is not regulated in the Criminal Code (KUHP); the Criminal Code primarily refers to a conventional approach to law enforcement, emphasizing punishment or sanctions against offenders. However, Republic of Indonesia Police Regulation Number 8 of 2021 concerning Criminal Investigation Conducted by the Indonesian National Police ("Perpol No 8 Year 2021") provides guidance regarding criminal investigations by the police. 2) The legal consequences of using restorative justice in criminal case resolution imply that the defendant will not necessarily be immediately acquitted without facing the consequences of applicable legal certainty. This is because, for restorative justice to be just and beneficial, justice and utility are the primary objectives of its resolution. This aligns with the prevailing legal benefit theory. The restorative justice approach aims to repair the negative impacts caused by criminal acts, reinforce the accountability of the perpetrator, and restore the damaged relationship between the perpetrator, the victim, and society.