Penerapan Mekanisme Keadilan Restoratif Dalam Penyelesaian Perkara Tindak Pidana Pembuhunan Pada Kepolisian Resot Jayawijaya

Abstrak

Before the enactment of the National Criminal Procedure Code, case resolution through Restorative Justice was spread across several regulations established by law enforcement agencies. With the enactment of the National Criminal Procedure Code, this mechanism is regulated in Articles 79 to 88. Based on Article 82 letter (e) of the National Criminal Procedure Code, this mechanism cannot be applied to Murder Crime Cases. However, in practice, in the jurisdiction of the Jayawijaya Police Department, Papua Pegununan Province, for crimes that occur in indigenous communities, including murder, the settlement of cases is requested to be resolved outside the judicial system, namely through customary institutions and payment of customary fines. The objectives of this study are: 1). Can murder cases be resolved through restorative justice mechanisms? 2). What are the procedures for resolving murder cases through the Restorative Justice mechanism? The research method used in this study is Normative Juridical, with a statutory approach, a conceptual approach, and a case approach. The results of the study indicate that criminal acts that occur in indigenous communities in the jurisdiction of the Jayawijaya Police Department are mostly resolved outside the criminal justice system, including murder. Meanwhile, restorative justice mechanisms are applied at the investigation stage to prevent further criminal incidents and to mitigate inter-tribal warfare in the Jayawijaya indigenous community.