Effectiveness of Implementing Restorative Justice in Resolving Criminal Cases Outside of Court (Case Study of Pekalongan Resort Police)

Abstract

This research aims to find out and provide solutions to the problem of realizing the supremacy of law through restorative justice in resolving criminal cases outside of court; implementation of its principles in law enforcement practice; and implementation of restorative justice policies in resolving criminal cases outside of court by the Pekalongan Police. Judging from its effectiveness, restorative justice at the Pekalongan Police Criminal Investigation Unit can be effective from legal factors due to the existence of Perpol no. 8 of 2021 which is the normative basis for the police to exercise discretion. The factors that encourage the investigative team to use the Principles of Restorative Justice within the Pekalongan Police are the substance of statutory regulations; instructions from leadership; investigators as law enforcers; as well as the situation and conditions in the investigation process. External factors are support from the community. Second, the application of restorative justice changes the pattern of resolution to the needs of victims and improves public order compared to criminalizing someone. Third, the legal consequences that arise are that legal rules are no longer the main choice in resolving cases in law enforcement efforts, this is because legal rules do not fully accommodate efforts to resolve cases. The research results show that the implementation of the principles of restorative justice in criminal cases at the Pekalongan Police has been carried out in accordance with procedures based on Indonesian Police Regulation Number 8 of 2021 concerning Handling of Criminal Acts Based on Restorative Justice. The obstacles and efforts of the Pekalongan Police in implementing restorative justice in ordinary criminal cases come from people who do not understand the existence of resolving cases using the principles of restorative justice.