TINDAK PIDANA KORUPSI DANA DESA YANG DILAKUKAN OLEH GEUCHIK GAMPONG PAYA LIPAH KABUPATEN BIREUEN, ACEH (ANALISIS PUTUSAN NOMOR : 44/PID.SUS-TPK/2021/PN BNA)

TINDAK PIDANA KORUPSI DANA DESA YANG DILAKUKAN OLEH GEUCHIK GAMPONG PAYA LIPAH KABUPATEN BIREUEN, ACEH (ANALISIS PUTUSAN NOMOR : 44/PID.SUS-TPK/2021/PN BNA), Restorative justice; Customary institutions; Qanun Aceh; Persecution crimes; Law enforcement...

Author: Nasril Rachmad
Date: 2024
Keywords: Restorative justice; Customary institutions; Qanun Aceh; Persecution crimes; Law enforcement
Type: Jurnal
Category: penelitian

Law enforcement must consider three main elements: legal certainty, utility, and justice. Criminal law aims to achieve justice in society by resolving criminal cases and protecting human rights. However, the process often ends with punishing the perpetrator without adequately addressing the victim's physical and psychological losses. The Indonesian Police have adopted strategic policies to implement restorative justice, as outlined in Police Regulation Number 6 of 2019 and Circular Letter Number SE/8/VII/2018. This approach aims to restore victims to their original state as much as possible, fulfilling their interests and sense of justice. In Aceh, customary institutions are empowered to resolve community issues within their jurisdiction, supported by a Joint Decree and Qanun Aceh Number 9 of 2008, which regulate the resolution of minor offenses through customary courts. These courts, led by local leaders such as Keuchik, Tuha Peut, and Imeum Meunasah, work to resolve disputes peacefully and maintain community harmony. This study, titled "Implementation of Restorative Justice Based on Qanun Aceh Number: 9 of 2008 in the Settlement of Persecution Crimes in Gampong Lam Rukam, Peukan Bada District, Aceh Besar Regency," aims to review the legal basis for restorative justice for persecution crimes in Indonesia and examine its implementation in Gampong Lam Rukam.

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