Normative Analysis of The Application of Restorative Justice in The Criminal Act of Theft

Abstract

Theft is one of the most common crimes in society and is generally resolved through criminal justice mechanisms that focus on punishing the perpetrator. However, this approach often fails to provide optimal recovery for victims or repair social relationships disrupted by the crime. In the development of criminal law, restorative justice has emerged as an alternative case resolution that emphasizes restitution for victims' losses, accountability for perpetrators, and the creation of peace between the parties. This study aims to analyze the application of restorative justice in the crime of theft based on applicable legal provisions and examine the normative constraints that influence its implementation. The research method used is normative legal research with a statutory regulatory approach, a conceptual approach, and a case approach. Data were obtained through a literature review of various regulations, legal doctrines, and relevant literature, then analyzed qualitatively. The results of the study indicate that the application of restorative justice in the crime of theft has a legal basis through various regulations issued by law enforcement institutions. However, its implementation still faces several obstacles, including limited criteria for cases that can be resolved restoratively and the lack of integrated regulations in the legislation. Harmonization of regulations is needed to realize the implementation of restorative justice that is more effective, fair, and recovery-oriented.