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5 Int'l J. Jurid. L. 1 (2026)

handle is hein.journals/intljlojdl5 and id is 1 raw text is: 

International Journal of Judicial Law


Implementation of Restorative Justice in Resolution of the Criminal act of Theft with
Aggrevaction by Children at Mataram City Police


I Nyoman  Diana  Mahardika  1*, Amiruddin 2, Laely Wulandari3
1 Master of Laws, University of Mataram, Indonesia
2-3 University of Mataram, Indonesia

* Corresponding Author: I Nyoman  Diana Mahardika


Article  Info


ISSN   (online): 2583-6536
Volume: 05
Issue:  01
Received:   03-11-2025
Accepted:   05-12-2025
Published:   01-01-2026
Page  No:  01-06


Abstract
This study aims to analyze the Implementation of Restorative Justice in handling
criminal acts of aggravated theft committed by children in the Mataram City Police,
using the Empirical Legal Research Method. The results of the study show that the
Implementation of Restorative Justice in handling criminal acts of aggravated theft
committed by children in the Mataram City Police, none of which were resolved with
Diversion or Restorative Justice. The inhibiting factors for the implementation of
Restorative Justice are Juridical Factors, Indonesia does not yet have regulations on
Restorative Justice that are national and generally applicable to all Law Enforcement
Officers, which are still sectoral in nature which only apply to each internal Law
Enforcement  Officer institution ; Non-juridical factors, even though there has been a
peace  agreement  between  the victim and  the perpetrator, investigators cannot
immediately carry out Restorative Justice efforts because in handling child cases they
are required to refer to the SPPA Law and coordinate with other institutions such as
PK  Bapas, Peksos and LPA.


                                      DOI:    I

Keywords:  Restorative Justice, Aggravated Theft, and Children in Conflict with the Law


Introduction
As a nation governed by law, as stipulated in the 1945 Constitution of the Republic of Indonesia, the Indonesian nation aims to
realize a prosperous, safe, peaceful, orderly, just, and prosperous life for all its citizens. To achieve this goal, efforts are required
to uphold justice, truth, and legal certainty, providing protection and guidance to the community E1]. One way to achieve this is
through criminal law enforcement.
Criminal Law is a legal rule (rechtsregel) a statement and proposition containing legal rules, which regulate commands (gebod),
prohibitions (verbod), and permissibility (mogen). Therefore, in order to realize legal order in society, sanctions are needed for
those who violate it [2]. The crime of theft as regulated in the Criminal Code, abbreviated as KUHP according to the law and its
elements in Article 362 of the KUHP, is a formulation of theft in its basic form which explains:
Whoever  takes something, which belongs wholly or partly to another person, with the intention ofpossessing it unlawfully, is
guilty of theft, with a maximum prison sentence offive years or a maximumfine of nine hundred rupiah [3].,,





' Rodliyah, Criminal Law Reform Regarding the Execution of the Death Penalty for Pregnant Women, Arti Bumi Intaran, Yogyakarta, no year, p. 1.
2 Amiruddin, Indonesian Criminal Law, Genta Publishing, 1st Edition, Yogyakarta, 2015, pp. 1 and 3.
3Adami Chazawi, Crimes Against Property and Objects, Media Nusa Creative, 2016, p. 5.


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