PENERAPAN RESTORATIVE JUSTICE DALAM PENYELESAIAN TINDAK PIDANA PENCURIAN OLEH KEPOLISIAN RESORT PASURUAN

In practice, the implementation of restorative justice has experienced several obstacles, namely the hesitation of the police to use restorative justice in resolving criminal cases because there is no definite legal instrument, so the birth of Police Regulation No. 8 of 2021 concerning Handling Crimes Based on Restorative Justice as a basis for carrying out restorative justice. The birth of this regulation creates disharmony between laws and regulations so that cases that are ordinary offenses and acts that are not included in minor crimes can be resolved through restorative justice. In this study using a juridical sociological approach method, the conclusions and suggestions of this study are that the resolution of criminal acts can be carried out by restorative justice efforts as long as it does not conflict with the material and formal requirements and types of criminal acts regulated in the Indonesian republic police regulation number 8 of 2021 concerning Handling Crimes Based on Restorative Justice. However, in the Criminal Procedure Code there is no content that says that restorative justice can erase a criminal act. So in this case the application of the Lex superior derogat legi inferiori principle between high and low regulations must take precedence over high ones. So the settlement of criminal offenses that are not included in minor crimes cannot be applied restorative justice settlement. Then the second is related to the factors that influence the police to use restorative justice, namely legal instruments and the mediation process which is the main point.