Penerapan Prinsip Restorative Justice dalam Penyelesaian Kasus Tindak Pidana Penganiayaan (Studi Putusan Nomor 35/Pid.B/2021/PN.Srl)

Abstract

Persecution is an act that intentionally causes suffering, pain or injury. Restorative justice is an alternative or other way of justice that involves the parties to find solutions and return to good relations in society. In this thesis the researcher raises 3 (three) problem formulations, namely: How is the legal regulation of the principle of Restorative Justice in the settlement of a criminal case in Indonesia, what is the process of applying the principle of Restorative Justice in the settlement of a criminal offense in Indonesia, what are the judges legal considerations regarding the application of the principle of Restorative Justice in Decision Number 35/Pid.B/2021/PN. Srl. This study aims to determine the legal arrangements for the principle of restorative justice, the process of applying the principle of restorative justice, and the judges legal considerations regarding the application of the principle of restorative justice in Decision Number 35/Pid.B/2021/PN. Srl. This research uses a type of normative legal research (juridical normative). This research is descriptive research in the nature of exposure to obtain a complete description of the prevailing legal situation, or regarding existing juridical symptoms, or certain legal events that occur in society. Researchers collected data using literature study techniques. The results showed that in terms of legal arrangements restorative justice has been regulated in law enforcement institutional regulations but there is no specific law regarding restorative justice. The process of applying the principles of restorative justice at every level of criminal justice is carried out by first seeking reconciliation between the parties in accordance with the regulations issued by each legal institution. In decision Number 35/Pid.B/2021/PN. Srl, the restorative justice approach was carried out with reconciliation between the two parties. So that in decision Number 35/Pid.B/2021/PN. Srl is correct that reconciliation is used as a mitigating circumstance for the defendant.