Pendekatan Restorative Justice Dalam Upaya Penyelesaian Tindak Pidana Pencurian (Studi Kasus Polsek Medan Labuhan)

Abstract

Restorative justice is the process of resolving crime cases between the perpetrator, victim, family of the perpetrator/victim and those related or interested in a deliberative manner to achieve justice and comfort, prioritizing restitution rather than revenge, namely connecting the perpetrator, victim, family of the perpetrator/victim and those related to achieve appropriate solution. The purpose of this research is to determine the values of fair restitution in resolving criminal acts of theft, to determine efforts to resolve criminal acts of theft using the principles of just restitution at the Medan Labuhan Police, and to find out the legal implications. consequences of solving the crime. through restorative justice for offenders. This research uses an empirical legal approach and the primary data source is primary data in the form of direct interviews with the Medan Labuhan Police who investigate property crimes using a restorative justice approach. In addition, secondary sources of information such as books and magazines are also used. The nature of this research is descriptive analysis with a qualitative approach. Data collection methods include interviews and literature study. Data analysis is carried out in such a way that the information obtained is researched, explained in narrative form and combined with the theory of legal regulations as material for obtaining answers to discussions from scientific works. From this scientific work report, it can be summarized that determining the values of deterministic justice is looking for positive solutions where compensation takes priority over punishing criminals and creating justice. The crime of theft at the Medan Labuhan Police can be resolved through a restorative approach if both parties want to resolve the problem through peace rather than repeating the crime (revival). The legal consequence of an agreement using the right to compensation for the wrongdoer is that if peace is achieved then the victim's claim against the wrongdoer will be waived, whereas if peace is not achieved then the legal consequences for the wrongdoer are determined by the judge who makes a decision.