Advancing Justice: Embracing a Progressive Legal Framework for Case Resolution in Central Java Police Criminal Investigation (A Case Study at Polda Ditreskrimsus)

Abstract

Progressive law emphasizes the evolution of legal principles, asserting that laws are crafted for the benefit of humans rather than humans existing solely for the sake of the law. It is guided by moral considerations, seeking to incorporate fundamental values and moral principles in the formulation of laws. This approach places a strong emphasis on conscience, viewed through the lenses of empathy, honesty, and courage. Prophetic intelligence, a foundational element of progressive law, highlights human capacity for self-transformation through interactions, socialization, and adaptation, with a focus on upholding basic values that safeguard human rights. These values are articulated in three key aspects: the philosophical aspect, emphasizing justice; the juridical aspect, emphasizing certainty; and the sociological aspect, emphasizing expediency. Restorative justice, as a manifestation of progressive law, offers an alternative approach to resolving criminal cases. It shifts the focus from punitive measures to a peace-oriented process, achieved through mediation between the offender and the victim. This process prioritizes restoring the original condition and rebuilding positive societal relations. The Head of the National Police of the Republic of Indonesia Regulation Number 08 of 2021, addressing the Handling of Criminal Acts based on Restorative Justice, serves as a guideline for the National Police in resolving criminal acts. This regulation underscores the importance of restoring the original state and achieving a balance in protecting the interests of both victims and perpetrators, moving away from a punitive-oriented approach. The implementation of Restorative Justice in the Criminal Investigation Department of the Central Java Regional Police provides an avenue for resolving criminal acts by engaging the perpetrator, victim, their families, legal advisors, and other stakeholders through a peace-focused process, with a central emphasis on restoring the original state.