THE VALUE OF POLICE RESTORATIVE JUSTICE IN CRIMINAL RESOLUTION IN INDONESIA

Abstract

The restorative justice approach is an alternative in resolving criminal acts that emphasizes the restoration of social relations. The police, as the spearhead of law enforcement, have a crucial role in implementing the values of restorative justice in Indonesia. The problems faced in this paper are how the police value restorative justice in resolving criminal acts in Indonesia, how the legal certainty of restorative justice by the police in resolving criminal acts in Indonesia, and how restorative justice is formulated in Law Number 2 of 2002 concerning the Indonesian National Police. The research method used in this study is normative juridical legal research. The approaches used are conceptual and statutory approaches. The technique for collecting legal materials is a literature study, while the technique for analyzing legal materials in this study is a qualitative analysis using deductive reasoning. The research findings show that the implementation of restorative justice by the police reflects the principles of legality and due process of law in the Indonesian criminal justice system. Police Regulation No. 8 of 2021 provides a normative basis for out-of-court settlements through fair and transparent procedures. Police discretion can be applied in certain cases, particularly minor cases or those involving vulnerable groups, as long as it complies with legal provisions and the principle of accountability. Although Law No. 2 of 2002 does not explicitly regulate restorative justice, its spirit is reflected in the protection and service functions of the National Police. With an integrative and humane approach, restorative justice can become part of a legal system that guarantees the protection of rights, victim recovery, and the just prevention of crime.