Termination of investigation through restorative justice: Between Legal Enforcement and Law Enforcement in Indonesian Criminal Law
Abstract
This paper is intended to describe how the investigation of criminal cases is stopped by investigators who are contrary to the provisions of the Criminal Procedure Code as the basis of formal criminal law in Indonesia. This is important because in the criminal justice system, every case handled by investigators must be forwarded to the public prosecutor who will then proceed to court. It is the judge who determines someone's guilt or innocence. However, with the Chief of Police Regulation Number 8 of 2021 concerning Restorative justice, investigators can stop the judicial process and resolve it through restorative justice. The research method used is normative juridical, by studying legal principles and synchronization between laws and regulations. The main data from this study is secondary data, which is supported by primary data by taking case studies at the Aceh Regional Police. The results show that from the point of view of enforcing the criminal justice law, this is contrary to the principle of legality, but from the point of view of law enforcement, the Police are law enforcement agencies that are at the forefront which in addition to enforcing the law, must maintain peace in society by implementing values that live in society. Settlement through restorative justice is a better solution because it is in accordance with the values that live in society. For harmony, it is recommended to include material on restorative justice in the Criminal Procedure Code as the main basis for the operation of the criminal justice system.
How to Cite This Article
Mohd. Din, Intan Munirah, Suhaimi, Chairul Bariah, Ridayani (2023). Termination of investigation through restorative justice: Between Legal Enforcement and Law Enforcement in Indonesian Criminal Law . International Journal of Multidisciplinary Research and Growth Evaluation (IJMRGE), 4(3), 610-616.