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Analysis of the Implementation of Restorative Justice in Handling the Crime of Theft of Children at the Cirebon City Police Dona Melyssa; Hamda Fadiyah; Vitra Nur Fazria; Waluyadi Waluyadi; Ari Nurhaqi
Journal Of Social Science (JoSS) Vol 4 No 4 (2025): JOSS: Journal of Social Science
Publisher : Al-Makki Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57185/joss.v4i4.455

Abstract

The rise in juvenile theft cases in Cirebon, Indonesia, underscores the need for restorative justice (RJ) as an alternative to punitive measures, aligning with child protection laws (SPPA Law No. 11/2012) and Perkapolri No. 8/2021. However, RJ’s implementation faces challenges, including social stigma and inconsistent adherence to rehabilitation principles. This study analyzes RJ’s effectiveness in handling juvenile theft at the Cirebon City Police, examining its compliance with legal frameworks and on-ground practicality. A normative-empirical approach was employed, combining analysis of national laws with primary data from police interviews and case observations. RJ implementation was effective in fostering victim-perpetrator reconciliation and reducing recidivism, contingent on voluntary agreements and mediator competence. Key barriers included limited public awareness, rigid legal thresholds for diversion, and resource gaps in facilitator training. The study advocates for policy reforms to expand RJ’s applicability beyond minor offenses, enhanced training for law enforcement, and community education to mitigate stigma. It contributes to localized RJ models in Indonesia’s juvenile justice system.
The Urgency of the Asset Confiscation Law in on Effort to Restore State Losses Due to Corruption Mela Agustina; Nurfadilah Dwinanda Pertiwi; Angelica Angelica; Waluyadi Waluyadi; Ari Nurhaqi
Journal of World Science Vol. 4 No. 5 (2025): Journal of World Science
Publisher : Riviera Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58344/jws.v4i5.1409

Abstract

Corruption in Indonesia continues to cause significant state financial losses and erode public trust in governance. Traditional criminal sanctions such as imprisonment and fines have proven insufficient to deter corrupt actors, particularly due to the absence of a clear legal framework allowing asset confiscation without requiring a criminal conviction. This study examines the urgency of ratifying the Asset Forfeiture Law as a strategic tool to recover state losses resulting from corruption crimes. Employing a normative juridical approach, the study analyzes relevant laws, literature, and documentation using qualitative and prescriptive methods. Findings reveal that the Asset Forfeiture Law, through its in rem-based asset confiscation mechanism, addresses critical gaps by enabling the state to seize assets suspected of being derived from criminal acts regardless of the perpetrator’s criminal conviction. This progressive legal reform not only enhances law enforcement effectiveness but also reinforces social justice by preventing corrupt individuals from benefiting from illicit gains. The study underscores the need for coherent, comprehensive regulations aligned with international standards, facilitating more efficient asset recovery and strengthening public confidence in the legal system. The implications highlight the Asset Forfeiture Law’s role in advancing Indonesia’s anti- corruption framework and promoting good governance.