Penerapan Peraturan Mahkamah Agung RI Nomor 1 Tahun 2024 Tentang Pedoman Mengadili Perkara Pidana Berdasarkan Keadilan Restoratif Oleh Hakim Dalam Menjatuhkan Putusan

Abstract

Restorative justice has the meaning of justice that restores or brings back the state of the victim and the perpetrator, based on mutual agreement. Restorative justice currently has a broader meaning, being interpreted as an approach method rather than a resolution method. The problems discussed in this thesis are how is the regulation of restorative justice in the provisions of Indonesia legislation; how are the considerations of judges in applying the principles of restorative justice in cases of criminal fraud, traffic crimes, and theft crimes based on Supreme Court Regulation of the Republic of Indonesia Number 1 of 2024; and what are the legal consequences of applying restorative justice based on Supreme Court Regulation of the Republic of Indonesia Number 1 of 2024 to criminal fraud, traffic crimes, and theft crimes. The research method used in writing this thesis is the normative legal research method, and the nature of the research is descriptive research. The approach used in this research is a statute approach and a case approach. The data sources used are primary legal materials, secondary legal materials, and tertiary legal materials. The data collection techniques used are literature study and document study. The data analysis used is qualitative data analysis. The research results indicate that restorative justice in Indonesia has not been comprehensively regulated in a single law, but is only regulated in various technical regulations. The Supreme Court Regulation Of The Republic Of Indonesia Number 1 Of 2024 provides clear guidelines for judges in adjudicating criminal cases, including criminal fraud, traffic crimes, and theft crimes. Judges are required to consider the principles of restorative justice in rendering decisions. The implementation of restorative justice in criminal cases in this research resulted in legal sanctions lower than the initial criminal threats. The Supreme Court Regulation Number 1 Of 2024 emphasizes that restorative justice does not eliminate criminal liability, but rather prioritizes case settlement through peace and restoration of the conditions of victims, defendants, and the community.