Application Restorative Justice in the Investigation Process to Achieve Justice

Abstract

Retributive justice is not fully capable of providing a sense of justice because it uses the principle of a quality before the law. Restorative justice provides a sense of justice rather than certainty in the criminal justice system. This paper aims to discuss the application of the concept of restorative justice in the handling of certain crimes to realize the value of justice and legal benefits in the investigation process for the future. This research method is normative juridical and qualitative analysis. The research result found that the application of the concept of restorative justice in the criminal justice system aims to realize justice for victims, criminals, family, society, and the country. Investigation as an early stage of the criminal justice system process is a strategic position in implementing restorative justice. For certain criminal cases, if there has been peace between the criminals and the victim during the investigation, then according to the principle of appropriateness, the principle of ultimum remedium, the principle of efficiency and discretion, then the case has legal grounds to be stopped in the prosecution process and court proceedings. It is hoped that the role of investigators will be more in implementing restorative justice by exercising discretion to create a sense of justice and benefit. In order to set an appropriate term for termination of a case on the basis of restorative justice so as not to cause doubts for investigators and become official guidelines for the administration of investigations for investigators.