Abstrak
The police in carrying out their authority and duties are regulated in the Law Invite No. 2 of 2002 concerning the Indonesian National Police is wrong one of which is the discretion of the Police apparatus in fact it is permissible to carry out the process settlement of the crime of persecution through Penal Mediation with the implementation of Restorative Justice is not in accordance with the existing rules Article 351 of the Criminal Code concerning Persecution. The purpose of this research is To know the basic considerations of the police in the settlement of criminal acts persecution with a restorative justice approach, then to find out legal consequences of applying restorative justice to settlements crime of abuse in the police. The method used in this research is Normative Juridical, which examines laws and regulations invitation to the authority of the police apparatus to exercise internal discretion settlement of the crime of persecution through the Restorative Justice channel. Based on the results of this study that: (1) The basic considerations of the police are the first is with the regulation from the Chief of Police Circular Letter No: 8 VII / 2018 regarding the application of restorative justice in the settlement of criminal cases and Republic of Indonesia National Police Regulation No. 8 of 2021 concerning handling of criminal acts based on restorative justice, which are both perpetrators and the victim agreed to make peace on the conditions agreed upon by the perpetrator and victims, as well as the families of perpetrators and victims. Termination of the investigation crime of persecution in the police is less appropriate if it is resolved with system of restorative justice approach, because it is not in accordance with the Criminal Code and Criminal Procedure Code. (2) The legal consequences of solving the crime of persecution with restorative justice is if every issue of criminal law resolved with restorative justice, the function of law enforcement in this field is less beneficial and law enforcement does not work where the sanctions should be given to the perpetrators of the deed the crime committed disappears with the completion of the case with restorative justice.