IMPLEMENTATION OF RESTORATIVE JUSTICE TOWARD THE PURPOSE OF PUNISHMENT IN THE HANDLING OF CRIMINAL CASES BY INVESTIGATORS OF WEST LOMBOK POLICE RESORT

Abstract

The reform of national criminal law through Law Number 1 of 2023 concerning the Indonesian Criminal Code (National Criminal Code) demonstrates a shift in the paradigm of punishment objectives from a retributive approach toward a more humane, rehabilitative, and restorative approach. One implementation of this transformation is the application of restorative justice, which aims to resolve conflicts, restore victims’ losses, rehabilitate offenders, and create social balance within society. This study aims to analyze the implementation of restorative justice toward the objectives of punishment in criminal case handling by investigators at West Lombok Police Resort and to identify the obstacles encountered in its implementation. This study employs an empirical legal research method using statutory, conceptual, and sociological approaches. The findings indicate that the implementation of restorative justice in criminal case handling by investigators at West Lombok Police Resort has been carried out and substantively aligns with the objectives of punishment in modern criminal law, which are not solely focused on punishing offenders but also on conflict resolution, victim restoration, offender accountability, and the creation of social balance. Based on research data from January to June 2026, out of a total of 49 cases handled, nine met the criteria and were successfully resolved through the restorative justice mechanism. These comprised seven cases from the General Crimes Unit (100%) and two from the Women and Children Protection Unit (100%), while the Special Crimes Unit had no cases meeting the restorative justice criteria (0%). However, implementation still faces various obstacles, including the absence of new technical guidelines following the enactment of the Criminal Procedure Code (KUHAP) No. 20 of 2025, a shortage of investigative personnel, limited public understanding of the restorative justice mechanism, and difficulties regarding the fulfillment of victims' rights by perpetrators.