PENEGAKAN HUKUM OLEH KEPOLISIAN MELALUI PENDEKATAN RESTORATIVE JUSTICE DALAM SISTEM HUKUM NASIONAL
Abstract
The Criminal Justice System should be promoting interest of law and justice. However, there is a mistake of view that measuring success on law enforcement simply characterized with success filed a suspect to court and sentenced. Supposed to be success measure of law enforcement by law enforcement officers marked by the achievement of value of justice in society. The police as a state of tool who role in enforcing the law are expected respond by using restorative justice mechanism. Therefore, this paper focus on why restorative justice mechanism could be an alternative on law enforcement by the police; and how the mechanisms of restorative justice by the police in the national legal system. By using normative juridical methode, it can be conclude that by making restorative justice as an approach of, there are several advantages which can be found. First, public givenits own space to handles with his legal issues which preceived fairly. Second, burden on th estate in some way be reduced. The police could be implementing restorative justice mechanism through discretionbecause it is the completeness of regulation by the law itself. Implementation of restorative justice by the police in perspective of national legal system is acceptable if carried out based on the state ohilosophy of Pancasila, ensures of justice and legal protection of human rights.To ensure uniformity in implementation, needs a norm or rule to gave legitimacy that all actions which taken in implementation of restorative justice ha snot considered illegal.
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DOI: http://dx.doi.org/10.33331/rechtsvinding.v2i2.75
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