RESTORATIVE JUSTICE POLICY AS CRIMINAL COMPLETION IN THE LAW OF INFORMATION AND ELECTRONIC TRANSACTION (ITE)

Abstract

The implementation of restorative justice principle emphasizes the return to its original state and the occurrence of peace between the perpetrator and the victim or the victim's family and community leaders. This study aims analyze the basic idea of implementation of restorative justice policy as a completion of criminal cases on the Information and Electronic Transaction Law. The method used in this research is descriptive analytical method along with normative juridical approach. This study shows that the application of Restorative Justice as a settlement of criminal cases in the Electronic Information and Transactions Law (UU ITE) is deemed appropriate, considering that in the settlement of criminal cases, investigators have the principle that criminal law is the last resort in law enforcement (ultimum remidium), and prioritizes restorative justice in resolving cases as stated in the Circular Letter Number: SE/2/11/2021 concerning Ethical Cultural Awareness to Create a Clean, Healthy, and Productive Indonesian Digital Space and the National Police Chief's Telegram Letter No. ST/339/II/RES.1.1.1./2021 concerning Guidelines for Handling Cyber Crime Cases using the ITE Law. With the return to its original state or reconciliation, the criminal case can be resolved and does not need to be continued until a court decision is issued.