The Restorative Justice Approach in the Practice of Upah-Upah as a form of Local Wisdom in Combating Street Crime

Abstract

Upah-upah are a settlement of a crime based on the existence of customary law. Restorative justice is a means used to make upah-upah a part of criminal settlement. The purpose of this research is to find the concept of restorative justice in the implementation of upah-upah as local wisdom related to the concept of justice, and to analyze and describe the implementation of the concept of restorative justice in the implementation of upah-upah as local wisdom in overcoming street crime. The research method used is a research specification using analytical descriptive. The approach method uses normative juridical. The data collection technique that will be used in this study is document study. The data analysis method is qualitative normative. The conclusion of this study is first, the concept of restorative justice must be strengthened by the existence of regional regulations based on recognition of the existence of laws that develop in society. Second, making street crime an object of restorative justice which is attached to customary justice and attached to the Tumbaga Holing Letter as its legal basis. The police are positioned as supervisors and monitors of the implementation of customary justice. Apart from that, it also functions as a means of conveying information to the prosecutor's office and judges in court, the final result of which is that customary decisions are made by the court which have legal force in Indonesian positive law.