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All Journal JURNAL ILMIAH ADVOKASI
Erli Salia
Master of Law, PPS, Universitas Muhammadiyah Palembang

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PENGHENTIAN PENYIDIKAN TINDAK PIDANA PENGGELAPAN MELALUI KEADILAN RESTORATIF: ANALISIS IMPLEMENTASI DI POLSEK ILIR TIMUR II PALEMBANG M. Hamkah Yuditara; Erli Salia; Ismail Pettanase
Jurnal Ilmiah Advokasi Vol 14, No 3 (2026): Jurnal Ilmiah Advokasi
Publisher : Universitas Labuhanbatu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36987/jiad.v14i3.9103

Abstract

The termination of criminal investigations through restorative justice represents a development in criminal law enforcement that places victim restoration, offender accountability, and conflict resolution as important components of the legal process. In cases of embezzlement, the application of this mechanism raises legal issues because the Indonesian Code of Criminal Procedure (KUHAP) in force at the time the case was handled did not explicitly recognize reconciliation as a ground for terminating an investigation, whereas Regulation of the Indonesian National Police No. 8 of 2021 provides a legal basis for investigators to terminate inquiries or investigations based on restorative justice. This study aims to analyze the implementation of the termination of criminal investigations through restorative justice in embezzlement cases at the Ilir Timur II Police Sector in Palembang, particularly in terms of legality, implementation mechanisms, police discretion, the effectiveness of case resolution, and legal certainty. This study employs empirical legal research using a socio-legal approach and a case study design. Data were obtained through legal document analysis, observation, interviews with police officers, victims, and offenders, as well as case-handling data from the Ilir Timur II Police Sector. Data were analyzed interactively through data condensation, data display, and conclusion drawing and verification (Miles, Huberman, and Saldaña 2014). The findings indicate that the termination of the investigation in Case No. B/92/IV/2023/SPKT/Polsek Ilir Timur II/Polrestabes Palembang was carried out through the investigation process, facilitation of reconciliation, fulfillment of the victim’s rights, and termination of the investigation based on restorative justice. The effectiveness of the resolution is reflected in the achievement of reconciliation and the restoration of the victim’s losses; however, challenges remain regarding the implementation of the settlement agreement and legal certainty in the event that the agreement is not fulfilled. This study identifies a normative tension between Article 109 paragraph (2) of the KUHAP and Regulation of the Indonesian National Police No. 8 of 2021, indicating that the practice of restorative justice at the police level has developed through police discretion and sectoral regulations. The novelty of this study lies in its empirical analysis of the relationship between the legal norms governing the termination of investigations, police discretion, and the implementation of restorative justice at the police-sector level.Keywords: Restorative Justice; Termination of Investigation; SP3; Embezzlement; Police Discretion; Legal Certainty.
EFEKTIVITAS PENGAWASAN APBD OLEH DPRD KOTA PAGAR ALAM: PROBLEMATIKA KELEMBAGAAN DAN PARTISIPASI PUBLIK Halipan Matsohan; Erli Salia; Darmadi Djufri
Jurnal Ilmiah Advokasi Vol 14, No 3 (2026): Jurnal Ilmiah Advokasi
Publisher : Universitas Labuhanbatu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36987/jiad.v14i3.9107

Abstract

The effectiveness of Regional House of Representatives (DPRD) oversight of the Regional Revenue and Expenditure Budget (APBD) is essential to ensure that public funds are managed transparently, accountably, and in accordance with regional development priorities. Although previous studies have examined the oversight function of local legislatures, empirical studies that integrate institutional capacity and public participation in the oversight of APBD, particularly in smaller municipalities such as Pagar Alam City, remain limited. This study aims to analyze the effectiveness of APBD oversight by the Pagar Alam City DPRD by examining the institutional and participatory factors that constrain the implementation of its oversight function. The study employs a qualitative empirical approach based on document analysis, interviews, and participatory observation. The analysis is informed by the theories of checks and balances, good governance, Weberian bureaucracy, and public participation. The findings indicate that the effectiveness of DPRD oversight is constrained primarily by two interrelated patterns: limited institutional capacity and weak external accountability mechanisms. Limited technical competence in public finance, fragmented oversight among commissions, and the absence of standardized performance-based oversight procedures weaken the capacity of DPRD to evaluate budget implementation substantively. At the same time, limited public participation and suboptimal coordination with regional government agencies and internal oversight institutions reduce the flow of information required for effective legislative control. Political dynamics further complicate the independence of oversight. The study argues that strengthening APBD oversight requires not merely the expansion of formal legislative powers, but the development of institutional capacity, performance-based oversight procedures, meaningful public participation, and inter-institutional coordination. The findings contribute to the understanding of how checks and balances operate at the local level within the context of decentralized governance.Keywords: APBD; DPRD Oversight; Institutional Capacity; Public Participation; Good Governance.