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Lenny Maryani S; Abdul Halim; Risnita Risnita

Desentralisasi : Jurnal Hukum, Kebijakan Publik, dan Pemerintahan 2026 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Domestic violence (DV) remains a complex legal and social problem, threatening family stability and human dignity. Although Law No. 23 of 2004 concerning the Elimination of Domestic Violence provides strict sanctions, conventional punishment methods are often considered ineffective in restoring damaged social relationships within families. This study examines the implementation of restorative justice in resolving domestic violence cases within the Bungo Police jurisdiction, from the perspective of positive law and Islamic law. This study uses an empirical legal approach and a sociological perspective, with primary data collected through interviews with investigators from the Women and Children Protection Unit (PPA), as well as secondary data from laws, police regulations, and related academic literature. The results show that restorative justice has been applied to several domestic violence cases during the investigation stage through mediation and peace agreements between the parties involved. This method helps reduce the backlog of cases, accelerates dispute resolution, and maintains family social stability. However, challenges remain, such as the possibility of re-victimization due to the imbalance of power between victims and perpetrators. From an Islamic legal perspective, restorative justice is in line with the principles of ta'zīr and maqāṣid al-sharī'ah, especially the preservation of human dignity, life and offspring. By guaranteeing the protection of victims and preventing repeated violence, restorative justice can be an additional mechanism in cases of domestic violence.

Hoirul Rohman; Irawan Soerodjo; Dudik Sjaja Sidarta

International Journal of Social Welfare and Family Law 2026 Asosiasi Penelitian dan Pengajar Ilmu Sosial Indonesia

The handling of children involved in narcotics crimes requires a restorative approach focused on rehabilitation rather than punishment. This study aims to examine the role of police investigators in applying restorative justice to child offenders in narcotics cases and to identify the obstacles encountered in its implementation. This research employs a normative legal research method with statutory and conceptual approaches. Primary legal materials include Law Number 11 of 2012 on the Juvenile Criminal Justice System, Law Number 35 of 2009 on Narcotics, and Chief of Police Regulation Number 8 of 2021. The findings show that investigators play a strategic role in facilitating diversion, including conducting initial assessments, facilitating diversion deliberations, and coordinating with supporting institutions such as the Correctional Center (Bapas), National Narcotics Agency (BNN), and Social Services. However, implementation remains suboptimal due to internal constraints, including inadequate training and understanding among investigators, limited facilities such as child-friendly rooms and mediation spaces, regulatory disharmony between the Juvenile Criminal Justice System Law and the Narcotics Law, weak inter-agency coordination, and lack of support from families and communities. Post-diversion monitoring is also ineffective. This study concludes that strengthening investigator capacity through specialized training, improving legal frameworks through regulatory harmonization, and enhancing inter-agency collaboration are essential to ensure restorative justice truly serves the best interests of children.

Rahmat Zarkasih Londa; Hartoyo Hartoyo; Nasoetion, Dedi Wardana; Sri Astutik

Jurnal Hukum dan Sosial Politik 2025 International Forum of Researchers and Lecturers

This study examines the application of restorative justice in traffic accidents during the investigation stage. The main focus of this research is to analyze the regulations and implementation process. The goal is to comprehensively describe how restorative justice policies are regulated by law and how they are practiced in the field, particularly by investigators. The research method used is a juridical- normative method with a qualitative approach. Data were obtained through literature review and in-depth interviews with relevant parties. The results indicate that restorative justice can be applied in resolving traffic accident cases, especially those resulting in minor losses or minor injuries. This regulation is contained in various regulations, such as Police Regulations and Circular Letters that serve as guidelines for investigators. The implementation process involves mediation between the perpetrator, the victim, and other relevant parties to reach a peaceful agreement. This agreement often includes compensation, an apology, or other mutually agreed-upon forms of reparation. The application of restorative justice aims to restore conditions to normal, restore social relationships, and avoid lengthy formal judicial processes. However, its implementation still faces challenges, such as unequal public legal awareness and the criteria for cases that can be resolved through restorative justice.

Igvan Nagif Syahyudin; Moh. Rusdiyanto U. Puluhulawa; Avelia Rahmah Y. Mantali

Jurnal Hukum, Administrasi Publik, dan Ilmu Komunikasi 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This study discusses the implications of applying Restorative Justice on legal certainty and the protection of victims' rights in cases involving repeat offenders who have committed serious assault in the jurisdiction of the Tapa Police Sector, Bone Bolango. Normatively, Indonesian Police Regulation No. 8 of 2021, Article 5(e), explicitly prohibits the application of Restorative Justice for offenders who have committed repeat criminal offenses based on court rulings. However, the research findings indicate that in practice, law enforcement officials often exercise discretion to facilitate peaceful resolutions even for repeat offenders, citing the need to maintain social relationships and avoid lengthy litigation processes. This approach raises legal certainty issues, as inconsistencies between written norms and field practices can reduce legal predictability, open the door to discrimination, and weaken both general and specific deterrent effects. From the perspective of victim protection, peaceful agreements in cases involving repeat offenders risk not fully reflecting substantive justice, as victims may be in a vulnerable position due to social pressure or unequal power dynamics. This study concludes that the application of Restorative Justice to repeat offenders needs to be strictly limited through more detailed regulations and effective oversight mechanisms, so that the principles of the rule of law, legal certainty, and victim protection are upheld. Thus, Restorative Justice can remain an important instrument in Indonesia's criminal justice system without compromising legal integrity and public safety.

Anggun Rahma Dewi; Ahmad Irzal Fardiansyah; Fristia Bardian Tamza

Mahkamah : Jurnal Riset Ilmu Hukum 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The application of restorative justice by the police in cases of assault is based on Indonesian National Police Regulation Number 8 of 2021 concerning Handling Criminal Acts Based on Restorative Justice. This regulation provides a basis for investigators in resolving criminal cases by exploring the values ​​of justice that exist in society. This study aims to analyze the application of restorative justice by the police in cases of assault and the inhibiting factors. The research method uses a normative juridical and empirical juridical approach, with secondary data through library research and primary data through field studies. The results indicate that the resolution of cases of assault complies with the provisions of the regulation, as both formal and material requirements are met, and a peace agreement exists between the perpetrator and victim. This process adopts local wisdom values ​​by involving the perpetrator, victim, their respective families, and community leaders. However, obstacles to its implementation exist, including third-party intervention from the victim's family, the perpetrator's limited financial capacity, external interests, lack of community understanding, and communication barriers between the perpetrator and victim. Therefore, specific regulations regarding restorative justice are needed, incorporated into criminal procedural law provisions, for example through the Criminal Procedure Code (RKUHAP), to provide a strong legal basis and ensure legal certainty.

Annisa Erikha; Riswadi Riswadi

Mahkamah : Jurnal Riset Ilmu Hukum 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The code of ethics is an essential instrument in maintaining professionalism, integrity, and accountability within an institution, including the Indonesian National Police (Polri). As part of the effort to enforce ethical standards within the police force, the Police Code of Ethics Commission (KKEP) plays a role in ensuring that each police officer performs their duties in accordance with applicable legal and moral norms. The role of the KKEP becomes highly relevant in the context of good governance, where the principles of transparency, accountability, and the supremacy of law must be the primary foundations of government administration, including within the police system. This study conducts a normative juridical analysis of the role of the Police Code of Ethics Commission in realizing good governance within Polri. A normative juridical approach is used to examine the legal aspects regulating the authority and working mechanisms of the KKEP, by reviewing various regulations, such as the Chief of Police Regulation on the Police Profession Code of Ethics, as well as other legal documents. Additionally, this research also refers to the concept of good governance developed in the study of administrative law and public policy. Through this research method, the study will discuss how the structure and authority of the KKEP are designed to uphold police ethics, as well as how the implementation of the code of ethics can contribute to increasing public trust in the police institution. Therefore, this study is expected to provide a deeper understanding of the position and strategic role of the KKEP in ensuring the professionalism and integrity of Polri members in supporting the principles of good governance in Indonesia.

Johan Rofi; Fauzie Yusuf Hasibuan; Lilik Mulyadi

IJLS (International Journal of Law and Society) 2025 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

This research aims to elucidate the significance of restorative justice during the investigative phase and the legal assurance for investigators who apply restorative justice in cases of party noncompliance with the agreement. The author employs normative legal research, which involves the collection and analysis of legal documents pertinent to the subject at hand. This legal research employs the statute and case approaches. This writing employs primary and secondary legal materials. This article conducts prescriptive research. The findings of this research indicate that, initially, the concept of restorative justice during the investigative phase prioritizes substantive justice over procedural justice. We seek to establish substantive justice as the cornerstone of our rule of law, as it presents a promising opportunity for enhancing national well-being. The rule of law in Indonesia ought to foster the well-being of its citizens, and for this purpose, the notion of restorative justice, synonymous with substantive justice, is selected. Secondly, investigators lack legal clarity while implementing restorative justice if the participating parties violate the agreement. It may evolve into a complex issue when investigators seek to address broad criminal charges via restorative justice. The restorative justice concept is not acknowledged in general criminal offenses, although being governed by the Police Chief Regulation. Nonetheless, it is perceived that it still fails to offer legal certainty to investigators in the event of a future breach of contract or if the reported party defaults on their commitment or repeats their conduct.

Ridwan Harry Simanungkalit; M. Ridwan Lubis

Jurnal Riset Ilmu Hukum, Sosial dan Politik 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Law is defined as a rule or norm that must be followed by humans. To ensure the implementation of law in Indonesia, various legal products are needed, especially laws that regulate community activities. Firearms abbreviated as Senpi are weapons that release one or more projectiles that are propelled at high speed by gas produced by the combustion of a propellant (projectile). The problem of ownership to misuse of firearms is something that is very dangerous and high risk, resulting in fatalities in society, the increasing number of cases in recent years in Indonesia shows the importance of the seriousness of law enforcement in responding to this problem. Misuse of Illegal Firearms Ownership is regulated in Emergency Law Number 12 of 1951 concerning the amendment of the "Ordonnantie Tijdelijke Bijzondere Strafbepalinge" (STBL. 1948 No. 17) and the Former Republic of Indonesia Law Number 8 of 1948 stating that anyone who without the right to enter Indonesia makes, receives, tries to obtain, submits or tries to submit, controls, carries, has a stock of it or has in his possession, stores, transports, hides, uses, or removes from Indonesia a firearm, ammunition or explosive material, is punished with the death penalty or life imprisonment or a temporary prison sentence of up to twenty years. Police Regulation Number 1 of 2022 dated January 28, 2022 concerning licensing, supervision and control of Polri firearms, non-organic TNI-Polri firearms and security equipment classified as firearms, namely non-TNI-Polri firearms with types of non-TNI-Polri firearms including live ammunition firearms, rubber bullets, and gas bullets from the Polri. The process from ordering to handover of goods to the owner, both the legality of documents and physical control (ballistic tests) are under the supervision of the Polri. The circulation of illegal firearms among the Indonesian people requires law enforcement, especially the Police, to be more active and take early prevention measures against those who own, make, and supply illegal firearms that threaten the lives of the community due to the impacts caused by illegal firearm ownership. The case of firearm ownership against the defendant SULIS NURFITO, Ponorogo, 34 years old, Male, Jln. Swadaya Kel. Bukit Batrem District. Dumai Timur Province. Riau, Islam, Construction Workers with Decision NUMBER 2157/Pid.Sus/2017/PN Mdn sentenced to 2 (two) years and 3 (three) months in prison, making the public's perspective on the world of justice in Indonesia far from the public's expectations considering the threat of punishment for the Article applied with the threat of 20 Years in Prison with the verdict given by the judge of 2 (two) years and 3 (three) months shows that law enforcement is far from the public's expectations and does not have a deterrent effect on the defendant and other users of illegal firearms who have not been arrested by the Police.

Simon Yonas Sanak; Simplexius Simplexius; A Resopijani

Doktrin: Jurnal Dunia Ilmu Hukum dan Politik 2024 International Forum of Researchers and Lecturers

This study analyzed the process of examining members of the National Police who allegedly violated the code of conduct in the jurisdiction of the Timor Tengah Selatan (TTS) resort police. The research method used is qualitative research with a case study approach. The data was collected through in-depth interviews with the Professional and Security Division of the National Police of the Republic of Indonesia or commonly abbreviated as Div Propam Polri. The analysis was conducted to identify patterns and processes that emerged in the process of examining police members who violated the code of ethics at the TTS police station. The formulation of the problem in this study is 1. What is the process of examining and imposing sanctions on members of the National Police who are suspected of violating the code of conduct in the South Central Timor Police area? 2. How is the relationship between ethical sanctions and criminal sanctions in judicial proceedings in the District Court? The results showed that the examination process for members of the National Police who were suspected of violating the code of ethics in the jurisdiction of the South Central Timor Police was carried out in accordance with the Chief of Police Regulation Number 7 of 2022 concerning the Police Professional Code of Ethics, which involved various stages, ranging from reports or direct findings by officers, examinations to prosecutions and criminal acts in the process in accordance with the Criminal Procedure Code. In the event that a member of the National Police who violates the order of the member is immediately given disciplinary action by the ankum. This finding provides insight into efforts to improve the law enforcement system in terms of transparency in the examination process of members of the National Police who are suspected of violating the code of ethics in the jurisdiction of the TTS police.