Tasyri'
Vol. 5 No. 1 (2026): Tasyri'

Implementation of the Principle of Ultimum Remedium through a Restorative Justice Approach in Handling Minor Persecution in the North Sumatra Police

Siregar, Rahmad (Unknown)
Zuliah , Azmiati (Unknown)
Maysara, Andi (Unknown)



Article Info

Publish Date
15 Jan 2026

Abstract

The handling of minor assault offenses within the Indonesian criminal justice system is grounded in the principle of ultimum remedium, which positions criminal punishment as a measure of last resort. In line with the development of the restorative justice paradigm, the police are granted discretion to resolve certain cases through non-litigation mechanisms focused on restoration. This article examines victim protection, the implementation of the ultimum remedium principle, and the obstacles encountered in the application of restorative justice in handling minor assault cases at the North Sumatra Regional Police. This study employs an empirical legal research method combined with statutory and conceptual approaches. The findings indicate that, in principle, the application of restorative justice at the North Sumatra Regional Police reflects the ultimum remedium principle; however, its implementation continues to face normative, structural, and cultural challenges that affect the effectiveness of victim protection and legal certainty.

Copyrights © 2026






Journal Info

Abbrev

tsyr

Publisher

Subject

Religion Law, Crime, Criminology & Criminal Justice

Description

Tasyri’ welcomes high-quality manuscripts resulted from a research project in the scope of Islamic Family Law, Islamic economic law, Islamic criminal law, Islamic constitutional law, Zakat and waqf law, Contemporary Islamic legal thought and various scientific studies in the field of law and other ...