Application of the Concept of Restorative Justice by Police and Indigenous Community Institutions on Middle Crimes

La Iriani, Kadek Wiwik Indrayanti

Abstract


The purpose of this article is to examine and analyze the application of Restorative Justice to minor crimes committed by the community by the Indigenous Peoples Institution and the Resort Police in the Fakfak Regency, West Papua and the obstacles experienced by the Police Agencies and Customary Institutions. The method used is an empirical legal research method because it examines the application of policy concepts and the constraints experienced by police agencies and customary institutions. The interview method used was carried out to the Police Agency and traditional elders in Fakfak. The results show that there has been a policy in the form of collaborative coordination or cooperation between the police and customary institutions in handling cases of minor crimes and even extending to moderate crimes such as one example of theft of nutmeg carried out within the family or outside the family, acts of domestic violence, minor mistreatment. The results of the research on the application of justice restoration to minor crimes in accordance with the 1945 Constitution article 18 B paragraphs 1 and 2 and the Republic of Indonesia Police Regulation Number: 8 of 2021, concerning the Handling of Crimes based on Restorative Justice with alternative solutions using Indigenous Peoples Institutions who live in certain areas as an alternative medium for resolving minor crimes. Mild persecution, the results of research on the application of justice restoration to minor crimes in accordance with the 1945 Constitution article 18 B paragraphs 1 and 2 and the Indonesian National Police Regulation Number: 8 of 2021, concerning the Handling of criminal acts based on Restorative justice with alternative solutions using the Indigenous Community Institutions which live in a certain area as an alternative medium for resolving minor crimes. Regarding the Handling of criminal acts based on Restorative justice with alternative solutions using Indigenous Peoples Institutions who live in certain areas as alternative media for resolving minor crimes. 


Keywords


Minor crimes, Indigenous community institutions and resort police in Fakfak district, Restorative justice

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DOI: https://doi.org/10.26905/iconiss.v3i1.9685

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