Hambatan Penerapan Prinsip Restorative Justice Dalam Penyelesaian Tindak Pidana Informasi Dan Transaksi Elektronik

Abstrak

This study aims to describe and analyze the obstacles in applying the principle of restorative justice in resolving criminal acts regulated under the Indonesian Law on Electronic Information and Transactions (ITE Law). This is a qualitative study employing a normative juridical approach supported by an empirical juridical approach. Data were collected through two methods: library research and field studies, including interviews with investigators from the Bandar Lampung City Police and lecturers from the Criminal Law Department at the Faculty of Law, University of Lampung. The findings indicate that law enforcement officers have normatively implemented the principle of restorative justice based on the Chief of Police Circular No. 8 of 2018 on the Application of Restorative Justice in Criminal Case Settlement, as well as Circular No. SE/2/II/2021 on Ethical Digital Culture to Create a Clean, Healthy, and Productive Indonesian Digital Space. However, the implementation still faces various challenges, including normative constraints, institutional limitations, and the digital legal culture of society.