Consideration of Investigators in Carrying Out Restorative Justice to Resolve Cases of Persecution Criminal Acts Committed at the Cilegon Resort Police

Abstract

Diversity and Justice Justice is a norm in the Criminal Justice System in Indonesia, as stipulated in Law Number 2012 concerning the Juvenile Justice System. This study intends to determine what considerations investigators examine while implementing Restorative Justice to solve cases of criminal persecution committed by the Cilegon Resort Police. This research design uses descriptive analysis. This is a as a qualitative descriptive research. The case approach will be utilized, and using this approach, the author will conduct an analysis based on the standards or guidelines that are common in legal practice. The findings of this study indicate that the application of Restorative Justice in the resolution of minor offenses of persecution is seen as an effective innovation in case resolution and is carried out in accordance with applicable legal principles. The existence of a crime of persecution has the potential to not be resolved with a restorative approach if it is based on Article 5 of the Political Party 8/2021, because it has the potential to conflict with material needs. However, the National Police must examine the circumstances of the persecution holistically, as the sentencing and the consequences of the sanctions are not comparable. Therefore, the Police are required to wisely examine the existence of this persecution in a comprehensive manner.