DISCRETION AS AN ENTRY POINT FOR RESOLVING CRIMINAL CASES THROUGH RESTORATIVE JUSTICE : BUILDING JUSTICE AND PEACE

Abstract

The public's request that Polri investigators understand their authority to take action against perpetrators of criminal acts in investigations based on Pro Justitia, is evidenced by certain legal actions in the criminal justice system (Criminal Justice). As investigators, the police have their own jurisdiction based on the 1981 Criminal Procedure Law, Law no. 2 of 2002 concerning the Republic of Indonesia Police & Article 1 point J and regulations of the Indonesian National Police, to avoid ambiguity in the law. This action is governed by Article 16 paragraph 1 point 1 and Article 18 "Other actions may be taken" subject to "certain conditions" determined at the discretion of the Foler, which is called Discretion. Coroners must implement restorative justice as a solution to fulfill people's sense of justice in carrying out their current duties and rights by creating a strategic environment for community needs. Conceptually, restorative justice is a criminal justice model approach that emphasizes the direct involvement of perpetrators, victims and the public in the criminal justice process. Through founding principles and a restorative justice approach, it is one that can be used in a healthy criminal justice system.