The Implementation Mechanism of Restorative Justice in Cases of Minor Assault at the Medan Baru Sector Police

Abstract

This study examines the effectiveness of restorative justice in assault cases at the Medan Baru
Police Sector. Assault is a crime that often arises from spontaneous conflicts, interpersonal
disputes, close social relationships, and fleeting emotions. Therefore, its resolution is not
always effective if directed solely at criminal penalties. This study aims to analyze the legal
basis, the limits of cases that can be resolved restoratively, the mechanism of its
implementation, and the measurement of restorative justice's effectiveness in assault cases.
The study uses an empirical juridical method with a statutory and conceptual approach. The
legal bases analyzed include Law Number 2 of 2002 concerning the Indonesian National
Police, Police Regulation Number 8 of 2021, Prosecutor's Regulation Number 15 of 2020, the
Criminal Code, the National Criminal Code, and the new Criminal Procedure Code. The
results indicate that restorative justice in assault cases is only effective when applied
selectively to cases that do not result in serious injury, death, public unrest, social conflict, or
communal violence in public. The mechanism must begin with an assessment of the degree
of injury through a post-mortem examination (visum et repertum), examination of material
and formal requirements, free consent from the victim, admission of guilt by the perpetrator,
fulfillment of the victim's rights, mediation, case presentation, and orderly administration of
the case termination. The effectiveness of restorative justice cannot be measured by the speed
of the case termination, but by the victim's recovery, the perpetrator's responsibility, the
absence of pressure on reconciliation, and the community's acceptance of the settlement.
Therefore, the implementation of restorative justice at the Medan Baru Police can be an
instrument of just recovery if it is carried out transparently, accountably, and remains within
legal limits.