TINJAUAN YURIDIS PERJANJIAN DAMAI SEBAGAI DASAR PENCABUTAN PENGADUAN DAN LAPORAN DI KEPOLISIAN PADA PROSES PENYIDIKAN TINDAK PIDANA

Abstract

Withdrawing a police report by the reporter is something that is justified in law enforcement in Indonesia. The mechanism for withdrawing a report is regulated in Article 75 of the Criminal Code that "the person who files a complaint has the right to withdraw it within 3 (three) months after the application is submitted", so based on the withdrawal of the complaint the criminal case can be stopped or closed. In relation to the legal impact of withdrawing a police report as regulated in Article 75 of the Criminal Code, the legal process cannot be continued and the prosecution becomes null and void. Meanwhile, the appropriate solution in resolving criminal cases is non-litigation. Non-litigation settlement is the settlement of cases outside of court. Then another name for non-litigation resolution at the police level is regulated in the Regulation of the Chief of Police of the Republic of Indonesia Number 8 of 2021 concerning Handling of Criminal Acts Based on Restorative Justice in Article 3 point (1) that "handling of criminal acts based on restorative justice must fulfill general and/or special requirements. The application of restorative justice is a form of certainty and justice for both the reported party and the victim. Apart from that, the resolution of restorative justice cases must be socialized in a structured, systematic and massive manner to the community so that legal certainty, legal benefits and legal justice are achieved.

Keywords: Revocation, Restorative Report