Optimalisasi Restorative Justice dalam Penanganan Tindak Pidana Ringan (Studi Pada Polsek Tanah Jambo Aye Kabupaten Aceh Utara)

Abstract

This study describes the Optimization of Restorative Justice in the Handling of Minor Crimes (Study at the Tanah Jambo Aye Police, North Aceh District). as well as factors that hinder the optimization of Restorative Justice in the Handling of Minor Crimes (Study at Tanah Jambo Aye Police, North Aceh District). This research is important to do because the phenomenon that occurs in the process of settling minor criminal cases at the Jambo Aye Police continues to increase every year. Handling criminal acts, the Indonesian criminal justice system currently still uses a retributive justice system that is oriented towards revenge and emphasizes legal certainty. If the handling of criminal acts (extra ordinary crimes, ordinary crimes, and light motives) is not distinguished, especially criminal acts whose losses are possible to be recovered, of course it can sacrifice a sense of justice and social reaction to the victim. The victim here is not only the party who is harmed from the crime. The research method used is a qualitative method. Data collection techniques used are through direct interviews and research documentation or literature. The theory used in this research is Optimization Theory. The results show that the optimization of restorative justice in handling minor crimes at the Tanah Jambo Aye Police, North Aceh Regency has been running optimally by using a compensation mechanism for victims in an effort to handle restorative justice cases by looking at the humanitarian side, namely between the two parties already mutually understand and mutually agree to pay for the injury caused to the victim and the compensation must also be in accordance with the ability of the perpetrator. Constraints in optimizing restorative justice in handling minor crimes at the Tanah Jambo Aye Police, North Aceh Regency, namely the Constraints in Optimizing restorative justice for minor crimes at the Tanah Jambo Aye Police, North Aceh Regency, namely one of the parties (the victim or the complainant) does not want to be mediated to be resolved properly -both with the perpetrator, then there is no meeting point / deadlock, as a result the police, namely investigators, are obliged to process according to applicable law, especially if the case is a complaint offense

Keywords: Optimization, Restorative Justice, North Aceh