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All Journal JUDGE: Jurnal Hukum
Sutri Anggita
Universitas Pembangunan Panca Budi

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Harmonization of Restorative Justice Regulations in the Criminal Justice System for the Offense of Theft Sutri Anggita; Abdul Rahman Maulana Siregar; Sumarno
Judge : Jurnal Hukum Vol. 7 No. 2 (2026): Judge : Jurnal Hukum
Publisher : Cattleya Darmaya Fortuna

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54209/judge.v7i2.2795

Abstract

This study examines the concept of restorative justice from a criminal law perspective and formulates an ideal model for harmonizing the legal framework governing the handling of theft offenses within the criminal justice system. The central issue concerns the tension between the retributive approach reflected in the statutory definition of theft under Article 476 of Law Number 1 of 2023 concerning the Criminal Code and the broader demands of substantive justice, as illustrated by cases involving theft of low-value property that nevertheless proceed to trial. This study employs a normative juridical method incorporating conceptual, statutory, and case study approaches. The analysis focuses on Prosecutor Regulation Number 15 of 2020, National Police Regulation Number 8 of 2021, Supreme Court Circular Letter Number 1 of 2022, and Law Number 1 of 2023 concerning the Criminal Code.The findings indicate that restorative justice has been conceptually recognized as an alternative paradigm for resolving minor theft cases. However, its regulatory framework remains fragmented across the internal regulations of law enforcement institutions, with varying requirements and procedures. These inconsistencies may result in disparities in implementation across jurisdictions and institutions. Accordingly, this study recommends harmonizing restorative justice regulations by incorporating binding provisions into criminal procedural law. Such integration should draw upon the diversion mechanism established under the juvenile criminal justice system as a more developed legislative precedent. This approach is intended to strengthen legal certainty and ensure the consistent application of restorative justice to theft offenses throughout Indonesia.