REFORMULATION OF THE IMPLEMENTATION OF RESTORATIVE JUSTICE IN THE CRIMINAL ACTS OF MILD THEFT

Abstract

Petty theft is one of the most common crimes in society and is regulated under Article 364 of the Criminal Code. Although the losses incurred are relatively small, petty theft cases still tend to be handled through formal criminal justice mechanisms, which impose prison sentences. This situation often results in substantive injustice, as the social and economic costs borne by the state far outweigh the actual value of the losses. From a modern criminal law perspective, a retributive approach that emphasizes punishment alone is considered inadequate for resolving low-serious cases. Therefore, there is a need to prioritize the application of restorative justice in resolving petty theft cases.

Restorative justice emphasizes restoring social relationships between the perpetrator, victim, and community. This approach allows victims to obtain compensation or an apology, while the perpetrator avoids the stigma of imprisonment that can damage their future. This research uses a normative juridical method with a statutory and conceptual approach, through an analysis of the Criminal Code, Supreme Court Regulation Number 2 of 2012, Attorney General Regulation Number 15 of 2020, and criminal law literature and doctrine. The results show that normatively, the application of restorative justice in petty theft crimes has an adequate legal basis, but its implementation still faces various obstacles such as a retributive paradigm from the authorities, procedural inconsistencies, and minimal public understanding.

Thus, a reformulation of the application of restorative justice in petty theft crimes is needed to make it more effective. This reformulation includes clarifying the criteria for cases eligible for restorative resolution, harmonizing regulations across all levels of law enforcement, strengthening the role of victims in the resolution process, introducing more constructive alternative sanctions, and recognizing local wisdom mechanisms. Appropriate reformulation will make the criminal justice system more humane, efficient, and equitable, while simultaneously supporting the goals of modern criminal law to create justice, certainty, and proportional legal benefits.