PENERAPAN RESTORATIVE JUSTICE DALAM PENYELESAIAN KASUS TINDAK PIDANA PENGANIAYAAN (Studi Kasus Di Polsek Mandonga)

Abstract

This abstract examines the implementation of restorative justice in resolving criminal assault cases at the Mandonga Police Sector as an alternative to the retributive criminal justice system. The study aims to analyze the procedures of restorative justice, the supporting and inhibiting factors, and its effectiveness in restoring relations between offenders and victims as well as in reducing the caseload of the courts. This research employs an empirical legal method with a case approach through interviews, participatory observation, and document study involving victims, offenders, investigators, and other relevant parties. The findings show that the restorative justice procedure at Mandonga Police Sector includes reporting and preliminary examination, eligibility assessment, penal mediation, formulation of a restoration agreement, and the issuance of an order to terminate investigation (SP3) upon fulfillment of the agreement. Supporting factors include the existence of a legal basis (Police Regulation No. 8 of 2021), community and customary leaders’ support, the willingness of parties to reconcile, and the active role of investigators as facilitators. Inhibiting factors include power imbalances between victims and offenders, limited public understanding, the offender’s economic constraints, and victims’ concerns about post-settlement safety. Overall, restorative justice is considered quite effective for minor assault cases at the sector police level, but it still requires institutional strengthening, capacity-building for law enforcement officers, and monitoring mechanisms to ensure that substantive justice is genuinely achieved for all parties.