Iustitia Omnibus (Jurnal Ilmu Hukum)
Vol 3 No 2 (2022): Vol 3, No 2, Juni 2022

SOLVING THE CRIME OF MOTORCYCLE THEFT THROUGH A RESTORATIVE JUSTICE APPROACH AS AN UPDATE TO THE CRIMINAL SYSTEM IN INDONESIA

Taufiq Hidayat (Unknown)
Hernawati RAS (Unknown)
Jafar Sidik (Unknown)



Article Info

Publish Date
01 Jul 2022

Abstract

The tendency of a person to commit a criminal act of motorcycle theft repeatedly evidenced by the number of recidivists in the crime of motor theft shows that prison is not a good enough solution to overcome crime. Restorative justice is a settlement system created by the Attorney General's Office through Perja Number 15 of 2020 by stopping the prosecution of cases. The problems discussed in this study are 1) How is the application of the concept of restorative justice as the development of the criminal system in Indonesia? 2) How is the settlement of cases at the prosecutorial level against the crime of motor theft by the public prosecutor based on a restorative justice approach? The approach method used is normative juridical and the research specifications are descriptive analytical by analyzing the applicable laws and regulations with facts in the field. Data analysis using qualitative normative methods. The results showed that: 1) The application of the concept of restorative justice, namely prioritizing the return of all circumstances as an alternative to solving criminal cases that are retaliatory (absolute theory) Restorative justice is present as the development of the criminal system in Indonesia, namely a system that emphasizes improvements in losses caused by or related to criminal acts. 2) The settlement of cases at the district attorney's level against the crime of motor theft by the public prosecutor based on the restorative justice approach is carried out by taking into account the general requirements for the application of restorative justice to the prosecutor's environment as Perja No. 15 of 2020.

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Journal Info

Abbrev

iustitia

Publisher

Subject

Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Physics Social Sciences Other

Description

Jurnal Program Magister Ilmu Hukum bernama Iustitia Omnibus yang berarti “ Keadilan untuk semua’. Jurnal ini didirikan dengan tujuan menampung tulisan para akademisi, para ahli hukum, dan juga para mahasiswa yang menekuni ilmu hukum. Jurnal Iustitia Omnibus memiliki visi : a. mendorong dan ...