Implementation of Restorative Justice in the Settlement of Mild Theft Criminal Acts After the Effectiveness pLaw Number 1 of 2023 Concerning the Criminal Code

Abstract

The enactment of Law Number 1 of 2023 concerning the Criminal Code has brought about a paradigm shift in the Indonesian criminal legal system, including in the resolution of petty theft crimes through a restorative justice approach. This approach emphasizes restitution of victims' losses, accountability of perpetrators, and restoration of social balance, so that case resolution is not solely oriented towards revenge. This study aims to analyze the implementation of restorative justice in resolving petty theft crimes following the enactment of Law Number 1 of 2023 and examine its relationship with Indonesian National Police Regulation Number 8 of 2021, Attorney General Regulation of the Republic of Indonesia Number 15 of 2020, and Supreme Court Regulation Number 1 of 2024. This study uses a normative legal research method with a statutory, conceptual, and case-based approach. Legal materials were obtained through a literature review of relevant laws and regulations, books, and scientific journals, and then analyzed qualitatively. The research findings indicate that the application of restorative justice in resolving petty theft crimes has a normative basis through Articles 478, 51, and 54 of Law Number 1 of 2023, which are reinforced by regulations at the police, prosecutors, and court levels. Its application reflects a shift in the orientation of criminal punishment toward more humane, proportional, and victim-centered solutions without neglecting the perpetrator's criminal responsibility. Thus, restorative justice is a crucial instrument in reforming Indonesia's criminal justice system, grounded in legal certainty, justice, and expediency.