KESESUAIAN PERKARA PENCURIAN DALAM PUTUSAN Nomor: 2605/Pid.B/2020/PN Sby DENGAN PENDEKATAN PROSES RESTORATIVE JUSTICE

Abstract

Abstract

AnDecision Number 2605/Pid.B/2020/PNSby includes an indictment of Article 362 of the Criminal Code in the form of theft of a pair of shoes with a further 8 months in prison related to the second problem that the perpetrator's actions can be processed by Restorative Justice. Research on this decision aims to determine the suitability of the charges given to the defendant with the actions committed by the defendant and to find out if this decision can be processed by Restorative Justice. This study uses the Normative Juridical Research Method. The results of this study are that the indictment in decision Number: 2605/Pid.B/2020/PN Sby is not in accordance with the actions of the defendant that the indictment in this decision is subject to Article 362 of the Criminal Code while the actions of the defendant are in accordance with Article 364 of the Criminal Code. In the case of theft in Decision Number: 2605/Pid.B/2020/PN Sby It can be processed with a restorative justice approach without any 6 months imprisonment for the perpetrator. with the first argument, based on the Chief of Police Circular Letter Number SE/8/VII/2018 starting from the stage at the Investigation (Police) level, then at the Prosecution level (Prosecutor's Office) through Prosecutor's Regulation Number 15 of 2020 and the Judiciary level (Supreme Court) through a Director's Decree General of the General Court of the Supreme Court Number 1691/DJU/SK/PS.00/12/2020, that it can be processed with the Restorative Justice regarding the process related to all parties with an interest in certain violations meeting to be resolved jointly.

Keywords : Theft, Misdemeanor Crime, Restorative Justice