Investigation of Criminal Acts of Theft Based on Restorative Justice

This study aims to determine and analyze the investigation of the crime of theft based on restorative justice in case Number LP/B/02/IV/2023/SPKT/Ajibarang Police/Banyumas Police/Central Java Police, the reasons for the investigation based on restorative justice, as well as the obstacles and solutions. This study uses a sociological legal approach method with the research specification being descriptive analytical. The data used are primary data and secondary data, while the data collection methods include literature studies and documentary studies. The data analysis method uses qualitative analysis. The theories used are restorative justice theory, law enforcement theory and progressive legal theory. Investigation of the crime of theft based on restorative justice in case Number LP/B/02/IV/2023/SPKT/Ajibarang Police/Banyumas Police/Central Java Police has been carried out in accordance with the Criminal Procedure Code and Police Regulation Number 8 of 2021. The reason for the investigation of the crime of theft based on restorative justice is because restorative justice can provide a more humane, fair, and solution-oriented alternative compared to the retributive approach. Obstacles in the investigation of the crime of theft based on restorative justice are the limitations of the law, the victim does not want restorative justice, there is no peace agreement, passive law enforcement officers, and lack of support from some of the community.

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Publication Details

Journal
Jurnal Hukum Khaira Ummah
Published
2025-02-13
DOI
https://doi.org/10.30659/jhku.v20i1.43980
Primary Topic
Education, Law, and Society
Type
article
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article

Investigation of Criminal Acts of Theft Based on Restorative Justice

Umar Ma’ruf, Andi Dwisantosa
Jurnal Hukum Khaira Ummah
Education, Law, and Society
article

Investigation of Criminal Acts of Theft Based on Restorative Justice

Umar Ma’ruf, Andi Dwisantosa
article en

Abstract

This study aims to determine and analyze the investigation of the crime of theft based on restorative justice in case Number LP/B/02/IV/2023/SPKT/Ajibarang Police/Banyumas Police/Central Java Police, the reasons for the investigation based on restorative justice, as well as the obstacles and solutions. This study uses a sociological legal approach method with the research specification being descriptive analytical. The data used are primary data and secondary data, while the data collection methods include literature studies and documentary studies. The data analysis method uses qualitative analysis. The theories used are restorative justice theory, law enforcement theory and progressive legal theory. Investigation of the crime of theft based on restorative justice in case Number LP/B/02/IV/2023/SPKT/Ajibarang Police/Banyumas Police/Central Java Police has been carried out in accordance with the Criminal Procedure Code and Police Regulation Number 8 of 2021. The reason for the investigation of the crime of theft based on restorative justice is because restorative justice can provide a more humane, fair, and solution-oriented alternative compared to the retributive approach. Obstacles in the investigation of the crime of theft based on restorative justice are the limitations of the law, the victim does not want restorative justice, there is no peace agreement, passive law enforcement officers, and lack of support from some of the community.

Jurnal Hukum Khaira UmmahVol. 20(1)
Openalex Percentile: Top 90%
Education, Law, and Society
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