KEBIJAKAN HUKUM PIDANA DALAM PENYELESAIAN TINDAK PIDANA RINGAN YANG DILAKUKAN OLEH LANSIA MELALUI PENDEKATAN RESTORATIVE JUSTICE

Abstract

Nowadays, the perpetrators of criminal offense come from various circles,
one of which is carried out by people who are elderly, according to existing
regulations, the elderly are included in the vulnerable category which is entitled
to more treatment and protection with respect to their specificity, but in practice
in positive law In Indonesia, there are no rules governing the protection of the
elderly who are in conflict with the law, before the law the elderly are still
equalized with perpetrators of criminal offense of productive age. In the
implementation of law enforcement against perpetrators of criminal offense of the
elderly, it is still necessary to review the problem of law enforcement and efforts
to resolve criminal offense, restorative justice in terms of acting as a media that
bridges the settlement of criminal offense by approaching or mediating between
perpetrators and victims.
The purpose of this study are: first, to determine legal policy towards the
elderly, second, to determine the arrangements for efforts to resolve criminal acts
by the elderly through a restorative justice approach. This type of research can be
classified as normative research or better known as "legal research". This
normative research uses a type of legal systematic research conducted by
examining library materials or secondary data. The main purpose is to identify
the main meanings or legal basis
The results of the research, there are two main things that can be
concluded, firstly that there is no regulation in positive law in Indonesia that
explains how to implement the protection and application of the elderly who are
in conflict with the law, so that policies that favor the protection of the elderly
who are in conflict with the law are needed, secondly Restorative justice takes the
role of a mediator who is able to provide an agreement between the two parties.
The perpetrators of criminal acts, in this case the elderly, have the opportunity to
get legal remedies which do not require the perpetrators to get imprisonment but
can be replaced with criminal compensation or fines.
Keywords: Elderly – Policy – Restorative Justice