SETTLEMENT OF CRIMINAL CASES THROUGH RESTORATIVE JUSTICE AND ULTIMUM REMEDIUM APPROACHES

This study aims to know and understand the implementation of restorative justice in a criminal incident. Then also want to know and understand the concept of returning the function of criminal law as ultimum remedium. The method used in this research is normative legal research or library research (document study). The results of the research show that restorative justice has actually been practiced for a long time in Indonesian indigenous peoples. Law Number 11 of 2012 concerning the Juvenile Criminal Justice System incorporates restorative justice as a concept of thinking that responds to the development of the justice system by emphasizing the need for community and victim involvement. Besides that, there are also other legal events where restorative justice measures have been taken, such as in cases of theft. Returning the function of criminal law as an ultimum remedium in the settlement of criminal cases is very important because punishment should be the last resort in restoring better conditions. Currently, most of us see that the way of peace and deliberation is sidelined by the community and prioritizes criminal law as if criminal law is the best and foremost. It is very important to note in the future regarding the use of the ultimum remedium principle, however, its use must be limited to light cases.Keywords: Criminal case, restorative justice, ultimum remedium.