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Claudia Magdalena Ritonga; Made Sugi Hartono; I Wayan Lasmawan

Presidensial : Jurnal Hukum, Administrasi Negara, dan Kebijakan Publik 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This research aims (1) examine the implementation of restorative justice by the Buleleng District Prosecutor's Office in cases of receiving stolen goods (penadahan) committed through the Facebook Marketplace platform, with a primary focus on the application of restorative justice despite the loss value exceeding the threshold set by prevailing laws and regulations; and (2) identify the considerations used by the Buleleng District Prosecutor’s Office in applying restorative justice to cases of receiving stolen goods conducted via Facebook Marketplace. The research adopts an empirical juridical method with a descriptive approach. Participants were selected purposively using purposive sampling. Data collection techniques included direct observation, interviews with relevant parties, and a review of legal documents, which were then analyzed qualitatively.The findings indicate that (1) resolution through Restorative Justice remains possible even if the loss exceeds IDR 2,500,000, as long as all substantive requirements stipulated in Prosecutor's Regulation Number 15 of 2020 are fulfilled. The decision to terminate prosecution in this case was based on considerations of justice for the victim and the fact that the perpetrator’s level of culpability was not considered severe; and(2) the victim did not object to the act of receiving stolen goods and prioritized the return of their motorcycle, which was successfully recovered in its original condition. The victim also supported the peace process and did not file charges against the alleged receiver.  

Putri Nurul Aini; Nurul Azkiyah; Najwa Ananda Putri; Ira Septika Putri

Parlementer : Jurnal Studi Hukum dan Administrasi Publik 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Law enforcement against theft cases not only reviews the position of the perpetrator but also the victim, because the victim has the right to receive protection both materially and immaterially; it is important for law enforcement officers to help victims obtain legal certainty and justice. The purpose of the author's research is to determine the obstacles experienced by victims of motorcycle theft in an effort to obtain their rights as victims and effective strategic efforts to ensure that the rights of victims of motorcycle theft can be fulfilled. Research iThis uses qualitative methods and empirical normative juridical methods. The author conducted interviews as primary data in this article, followed by secondary data in the form of literature from the law (primary source material), books (secondary source material), and scientific journals (tertiary source material). The data obtained shows that there are still quite a lot of obstacles experienced by victims in seeking their rights as victims of motorcycle theft. Victims experience bureaucratic difficulties where the process is complicated; victims also find unprofessional service from law enforcement officers; and victims do not get further information regarding the investigation or get SP2HP. However, there are also effective strategic steps to fulfill the rights of victims of motorcycle theft, namely by increasing access to the legal process through online complaint services and increasing professionalism and responsiveness from law enforcement officers through routine training on handling victims. It can also be done regarding the recovery of victim losses by providing compensation mechanisms and strengthening supervision and prevention by collaborating between the community and the police in the form of environmental security. This shows that there is still a lack of concern from law enforcement officers themselves for victims of motorcycle theft and there is still much that needs to be developed further by the government to improve the welfare of victims of motorcycle theft and government efforts to protect the community from criminal acts of theft.

Erva Yunita; Handar Subhandi Bakhtiar

Jurnal Ilmu Pertahanan, Politik dan Hukum Indonesia 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The author in writing raised the case on Decision Number: 9/Pid.Sus.A/2019/PN.Bkl, where the defendant Ropik Bin Sukkur was found guilty of committing the crime of theft of a blue and white Beat motorcycle for his actions, the defendant was sentenced to 3 (three) years. three) months and did not get a diversion attempt. For this reason, the author will examine how the criminal imposition of criminal acts of theft of article 363 of the Criminal Code committed by minors in terms of Law Number 11 of 2012 concerning the Juvenile Criminal Justice System and how the judge's considerations in imposing a crime against the perpetrators of the crime of theft of article 363 of the Criminal Code in terms of the perspective of restorative justice, the research method used in this author is the normative juridical method of library law research carried out by researching library materials or secondary data, sentencing refers to the theory of relative punishment where the purpose of sentencing is as a means of improvement for the accused. itself, while the judge's considerations refer to two aspects, namely juridical and non-juridical aspects, juridical aspects refer to Article 362 of the Criminal Code and noin juridical refers to mitigating and aggravating matters.