IMPLEMENTASI PRINSIP RESTORATIVE JUSTICE DALAM PENYELESAIAN TINDAK PIDANA RINGAN DI DESA KEDUNGGUWO

Abstract

The paradigm shift in the Indonesian criminal justice system from a retributive approach to a restorative approach has encouraged the development of restorative justice practices, including the resolution of minor crimes at the village level. This article aims to describe and analyze the implementation of restorative justice principles in the resolution of minor crimes in Kedungguwo Village, Sukomoro District, Magetan Regency, and to identify the impacts on victims, perpetrators, and the social order of the village community. This study uses an empirical juridical method with a qualitative approach, combining legislative and conceptual approaches. Primary data were obtained through interviews with the Head of Kedungguwo Village, while secondary data were extracted from laws and regulations, books, and legal journals. The results show that two cases of minor crimes, namely minor assault and minor theft, were resolved through a mediation mechanism facilitated by the village government and community leaders, resulting in an apology, a stamped peace statement, and guidance for child perpetrators. This process reflects the four main principles of restorative justice, namely restitution of victim losses, perpetrator responsibility, participation of parties, and restoration of social relations. The implementation of this approach has proven to have a positive impact in the form of maintaining social harmony and reducing the caseload in the formal justice system, although it still faces challenges in the form of social pressure on victims and the lack of standardized resolution at the village level.