Implementasi Restorative Justice Dalam Penanganan Tindak Pidana Ringan Berdasarkan Asas Peradilan Cepat dan Efisien

Abstract

Misdemeanors are a category of unlawful acts that carry a relatively low penalty, but still impact public order and a sense of justice. This article aims to provide a comprehensive understanding of misdemeanors by reviewing their definition, classification, legal basis, and the resolution process within the Indonesian criminal justice system. Based on the Indonesian Criminal Code (KUHP) and applicable procedural provisions, misdemeanors are generally imposed on violations that carry a maximum prison sentence of three months or a maximum fine. These include minor offenses such as petty theft, minor vandalism, and simple insult. These offenses are often resolved through expedited court proceedings or alternative approaches such as restorative justice. This article aims to provide a comprehensive understanding of the definition of misdemeanors, the legal basis governing them, the classification of types of misdemeanors, and the procedures for handling them. Based on the Indonesian Criminal Code (KUHP), specifically Articles 364, 373, 379, 384, 407, and 482, misdemeanors include acts such as petty theft, minor fraud, and violations of public order. The handling of minor crimes is regulated in Supreme Court Regulation (Perma) Number 2 of 2012 concerning Adjustments to the Limits of Minor Crimes and the Amount of Fines in the Criminal Code and the Criminal Procedure Code, which serves as a procedural reference. This article emphasizes the importance of professionalism and proportionality by law enforcement officers in handling minor cases to ensure legal certainty, efficient law enforcement, and the protection of human rights.