Journal of Law Science
Vol. 6 No. 2 (2024): April : Law Science

Penalty patterns regarding the application of restorative justice in the resolution of embezzer cases in off

Seno Gumbira (Universitas Terbuka, Indonesia)
Muhammad Karim (Universitas Terbuka, Indonesia)
Irsanti Asih (Universitas Terbuka, Indonesia)
Solikhah (Universitas Sebelas Maret, Indonesia)
Liana Susanti (Universitas Soerjo Ngawi, Indonesia)



Article Info

Publish Date
30 Apr 2024

Abstract

The pattern of punishment is the basis of the question of why someone is convicted or not convicted for the criminal law maker. Restorative justice is a legal product that prioritises the recovery of victims, perpetrators, and related communities in minor criminal cases as stated in the Regulation of the Chief of the Indonesian National Police Number 8 of 2021. However, the Criminal Investigation Unit of the Bangka Resort Police was able to resolve a case of embezzlement in office that allegedly violated Article 374 of the Criminal Code by using a restorative justice approach. This study aims to determine the investigator's consideration in applying restorative justice in embezzlement cases in Bangka Police Criminal Investigation Unit and the pattern of punishment. The research method used is juridical- empirical with a statutory approach and a case approach. The consideration of investigators in applying restorative justice in cases of embezzlement in office at Satreskrim Polres Bangka is the revocation of the report from the reporting party with an amicable agreement and the reported party is willing to compensate for the losses caused by his actions and the reported party is not a recidivist. The pattern of punishment for the application of restorative justice in the settlement of embezzlement cases in this position is based on the aim of restoring the parties by considering the awareness, responsibility, and peaceful agreement of the parties which is more beneficial than the punishment that should be received and getting their rights and obligations fairly

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Journal Info

Abbrev

JLS

Publisher

Subject

Humanities Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

Description

Journal of Law Science is a journal aims to be a peer-reviewed platform and an authoritative source of information. We publish original research papers, review articles and case studies focused on law and judiciary as well as related topics. All papers are peer-reviewed by at least one referee. JHP ...