Kajian Terhadap Penerapan Keadilan Restoratif Dalam Penjatuhan Putusan Lepas Dari Segala Tuntutan Hukum Pada Perkara Tindak Pidana Penipuan

Abstract

This study analyzes the conformity of restorative justice as a basis for judicial consideration in imposing a judgment of acquittal from all legal charges (ontslag van alle rechtsvervolging) in Decision of the Makassar District Court Number 1039/Pid.B/2025/PN Mks. The research focuses on the relationship between restorative justice, criminal responsibility, and the normative limits of a judgment of acquittal under the applicable law. This study employs normative legal research using a statutory approach and a conceptual approach. Legal materials were collected through library research and analyzed using qualitative-prescriptive analysis. The findings show that the case met the criteria for the application of restorative justice under Supreme Court Regulation Number 1 of 2024 because a settlement had been reached and the victim’s losses had been restored. However, the panel of judges also found that all elements of fraud were proven, the defendant was criminally responsible, and there were no grounds for justification or excuse. Therefore, the successful restoration could not constitute a legal basis for imposing a judgment of acquittal under Article 191 paragraph (2) of the Indonesian Criminal Procedure Code. From the perspective of national criminal law reform, the judicial pardon mechanism provides a more appropriate legal framework for accommodating restoration without disregarding criminal responsibility.