Application of Restorative Justice to the Crime of Mild Theft (Lhokseumawe Police Research Study)

Abstract

The objective of this study is to understand and explain the implementation of restorative justice for minor theft offenses at the Lhokseumawe Police Station, as well as to identify the challenges and efforts involved in its application. This research adopts a qualitative approach, producing descriptive data through literature review and interviews using an empirical juridical method. The empirical juridical approach, or sociological legal research, focuses on primary data obtained directly from the community through fieldwork. The findings indicate, first, that the implementation of restorative justice adheres to regulations and involves resolving cases through familial or out-of-court settlements. These resolutions may or may not involve compensation and are based on mutual consent, aiming to achieve justice and humanity. Second, the challenges encountered in the field include the community's limited understanding of restorative justice and their reluctance to involve facilitators, such as traditional leaders or religious figures, in the resolution process. Efforts to handle criminal offenses or traffic violations based on restorative justice must meet the conditions outlined in National Police Regulation Number 8 of 2021 concerning the Handling of Criminal Offenses Based on Restorative Justice. Article 5 of the Regulation specifies that such resolutions must not cause public unrest or rejection, lead to social conflict, threaten national unity, involve radicalism, repeat offenders, terrorism, state security offenses, corruption, or crimes resulting in the loss of life.