PENERAPAN RESTORATIVE JUSTICE PADA TINDAK PIDANA PENIPUAN DI PENGADILAN MILITER III-12 SURABAYA

Abstract

This research is based on  the increasing number of fraud cases committed by members of the Indonesian National Armed Forces (TNI) and the limited implementation of restorative justice within the military justice system. The purpose of this study is to analyze the legal framework and the implementation of restorative justice in resolving fraud cases involving TNI personnel, as well as to identify the obstacles encountered in its application. This research employs an empirical juridical method with a qualitative approach, focusing on an in-depth understanding of social phenomena based on non-numerical data such as interviews, observations, and document analysis. The qualitative approach is used to obtain a comprehensive picture of legal implementation, the experiences of law enforcement officials, and perspectives regarding existing regulations. Data were analyzed qualitatively using a descriptive-analytical method.The results of the study indicate that the implementation of restorative justice in fraud cases within the military justice system remains limited and not yet optimal, despite being supported by the Supreme Court Circular Letter (SEMA) Number 5 of 2021. The main obstacles include the serious nature of fraud offenses, the importance of maintaining military discipline, and concerns regarding institutional impact. The conclusion of this study shows that restorative justice may be applied selectively while still considering military interests and ensuring justice for victims. It is recommended that clearer regulations and specific technical guidelines be established to expand the implementation of restorative justice within the military justice system.