APPLICATION OF RESTORATIVE JUSTICE IN RESOLVING THE CRIME OF RAPE AT THE INVESTIGATION LEVEL BASED ON LAW NUMBER 12 OF 2022 CONCERNING SEXUAL VIOLENCE CRIMES

Abstract

The implementation of legal efforts with restorative justice tends to not run optimally, focusing more on the rights of suspects without paying attention to the rights of victims. Therefore, it is interesting and important to further examine how to arrange the resolution of sexual violence crimes at the investigation level. Restorative Justice in Indonesian criminal law? and how is the application of restorative justice in solving sexual violence crimes based on National Police Regulation Number 8 of 2021 concerning Handling Crimes Based on Restorative Justice? To answer these problems, normative legal research methods are used with statutory and conceptual approaches and use secondary data obtained from primary legal material sources, secondary, and tertiary, as well as qualitative data analysis techniques. From the results of the research, it was found that the National Police itself has issued at least three regulations of the Chief of Police relating to the handling of Sexual Violence Criminal Acts (TPKS), namely: Perkap No. 8 of 2021 concerning Handling Criminal Acts based on Restorative Justice. Investigators as law enforcement officers must make adjustments and look for guidelines or patterns to reshape, improve again, shape better, carry out changes and renewals, rearrange so that perpetrators and victims are encouraged to deliberate to improve conditions to restore conditions as before. The need for synchronization and harmonization of Perkap No. 8 of 2021 with the provisions of the Sexual Violence Crime Law (TPKS).