THE URGENCY OF THE APPLICATION OF RESTORATIVE JUSTICE: REGULATING THE APPLICATION OF RESTORATIVE JUSTICE AS AN ALTERNATIVE TO CRIMINALIZATION IN THE CRIME OF THEFT

Abstract

Crime is considered as an attack on the state and crime is a logical necessity as a consequence of the existence of a crime. This consequence is manifested in the form of punishment through the criminal justice system. The concept of due process model fits with daderstrafrecht which emphasizes testing errors before the court making the perpetrator of a criminal act the center of attention. In its development, the community realizes that the current justice model (due process model) is too time-consuming, tiring, and expensive, not to mention the assumption that there are still fraudulent practices in it and which is more of a concern because the due process model emphasizes the perpetrators of criminal acts, which in this case, it does not see the interests of the victim, the victim's family and the environment that directly feels the loss as a result of the crime. As time goes by, people who are bored and dissatisfied with the prevailing justice model feel they have to take alternative efforts to be able to find a fair way out according to them. With this weakness, an idea emerged about a punishment system that is oriented towards the recovery of victims and victims' suffering, which is called restorative justice, because victims are the ones who are most disadvantaged by crime. By using the normative juridical method, it can be concluded that the settlement of crimes by restorative justice can accommodate the interests of the parties, including the victim, because the victim is involved in determining sanctions for the perpetrator. Justice returns conflict to those most affected - victims, perpetrators and society, and puts their interests first. With law enforcement through restorative justice it is hoped that the losses and suffering by victims and their families can be healed and the burden of guilt for criminals can be reduced because they have received forgiveness from the victims or his family.