PENERAPAN ASAS RESTORATIVE JUSTICE PADA TAHAP PENYIDIKAN DALAM TINDAK PIDANA PENCEMARAN NAMA BAIK (STUDI POLRESTA PEMATANG SIANTAR)

Abstract

The criminal justice system does not run as expected and always creates a feeling of disappointment and injustice in the settlement. For crimes that are minor criminal offenses in particular defamation if completed according to the model of retributive system (retaliation) and restitutive (compensation) often leaves a sense of revenge for the victim and the perpetrator. Today, criminal law experts try to introduce a model of the completion of the criminal justice system with restorative justice models that considered approach can provide a solution for both parties. As for the problem in this paper is how the application of the principle of restorative justice in the investigation stage of the criminal offense of defamation is in Siantar police and obstacles - obstacles faced Siantar Police in dealing with the crime of defamation byapplying the approach restorative justice. The method used is the juridical approach empirically. Data obtained from the field by means of interviews with police investigators in the police Siantar. Based on the results of the research, application of restorative justice approach is applied in solving the crime of defamation in police Siantar is to mediate between the parties concerned, such as the police, the victim, perpetrator, victim's family, and the family of the perpetrator to bring together the parties. If the results of the agreement found criminal cases of defamation does not need to be brought to the court process. Barriers - barriers faced Siantar police in dealing with the crime of defamation by implementing a restorative justice approach is not victim, the perpetrator, the victim's family, and the family of the perpetrator of the restorative approach, a sense of revenge in the future are not satisfied due to the taste between the two sides parties, law enforcement officials have not implemented the approach of restorative justice, and substance - the substance of the law which has not made the implementation of restorative justice approach is complete, and the lack of socialization conducted by law enforcement officials to the public, including victims and perpetrators.