THE NATURE OF THE APPLICATION OF CRIMINAL ACTS OF FRAUD AND/OR EMBEZZLEMENT WITH A RESTORATIVE JUSTICE APPROACH IN SOUTH SULAWESI PROVINCIAL POLICE

Abstract

This research explores the concept and implementation of Restorative Justice as an alternative approach to criminal law enforcement in Indonesia, particularly in cases of fraud and embezzlement as regulated under Articles 378 and 372 of the Indonesian Criminal Code (KUHP). The study highlights the philosophical shift from a retributive justice system, which focuses on punishment, toward a restorative model that prioritizes repairing harm, restoring relationships, and achieving substantive justice. Restorative Justice emphasizes dialogue and reconciliation between the offender, the victim, and the community as an effort to restore social balance rather than impose retribution. Through a normative juridical approach, this study examines various legal instruments such as National Police Regulation No. 8 of 2021, Attorney General Regulation No. 15 of 2020, and Supreme Court Regulation No. 1 of 2016, which serve as the legal foundation for the application of Restorative Justice in Indonesia. The findings show that the implementation of Restorative Justice has provided positive impacts, including faster case resolution, reduced judicial caseloads, lower legal costs, and improved victim recovery. Furthermore, the cultural values of South Sulawesi, such as sipakatau, sipakainge, and sipakalebbi, align closely with the principles of Restorative Justice, reinforcing community-based dispute resolution. However, challenges remain in the form of limited public understanding, inconsistent application among law enforcement institutions, and weak supervision mechanisms. Therefore, strengthening the professionalism and legal awareness of law enforcement officers, particularly the police, is crucial to ensuring that the implementation of Restorative Justice upholds fairness, humanity, and the ideals of the Pancasila-based rule of law.