PENERAPAN RESTORATIF JUSTICE DALAM KERANGKA ULTIMUM REMEDIUM TERHADAP PENANGANAN TINDAK PIDANA

Abstract

Indonesia as a state of law as stated in Article 1 paragraph 3 of the 1945 Constitution, as a legal instrument and is one of the positive laws. Law enforcement in modern state society today has been organized in such a way, regarding Restorative Justice is an elaboration given by many criminal law experts on the negative impact of the application of criminal law where it is repressive or coercive. Police Regulation Number 8 of 2021 concerning Handling of Crimes Based on Restorative Justice but not all criminal acts can be resolved through a Restorative Justice approach. Restorative justice is different from retributive justice adopted by the current criminal justice system. This research uses normative legal research, using law as a framework for the system of norms. ultimum remedium is not regulated in the Criminal law book, so it has multiple interpretations and has flexibility in its use. The conclusion are the conventional criminal justice process recognizes the existence of restitution or compensation for victims both as restoration and recovery efforts.