PENERAPAN RESTORATIVE JUSTICE DALAM PERKARA PENCURIAN KELAPA SAWIT DI PASAMAN BARAT (STUDI KASUS DI KEPOLISIAN SEKTOR PASAMAN

Abstract

Article 5 of the Regulation of the Republic of Indonesia National Police Number 8 of 2021 states the requirements for criminal acts that can be resolved using the Restorative Justice approach. The Pasaman Police have resolved 115 cases of palm oil theft through the Restorative Justice mechanism in the last 2 years. The formulation of the problem is: (1) How is the application of Restorative Justice in palm oil theft cases at the Pasaman Police? (2) What obstacles does the Pasaman Police encounter in implementing Restorative Justice in palm oil theft cases? This type of research is empirical legal research, data sources consist of primary data and secondary data obtained from document studies and interviews, the data is analyzed using qualitative analysis. The results of the study are as follows: (1) The application of Restorative Justice in palm oil theft cases at the Pasaman Police has been carried out in accordance with the requirements and procedures as stated in the Restorative Justice Police Regulation and Work Regulation. (2) The obstacles encountered by the Pasaman Police in implementing Restorative Justice in cases of palm oil theft include internal obstacles including the limited number of Bhabinkamtibmas, transfers, abuse of authority, and budget limitations, while external obstacles include the lack of understanding of the victim, the limited ability of community leaders, the perpetrator defending himself, arguments between the perpetrator and the victim, and community intervention.