Tanah Karo Police Department Successfully Resolves 60 Percent of Assault Cases via Restorative Justice

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FORMOSA NEWS - Karo - The implementation of restorative justice has proven effective in reducing social tension caused by physical conflicts within communities. A comprehensive evaluation of criminal assault case management within the Karo Regency Regional Police (Polres Tanah Karo), North Sumatra, reveals that 60 percent of total reported assault cases were successfully resolved peacefully through non-litigious channels outside the courtroom. This success was documented in a 2026 study conducted by a research team from Universitas Quality Berastagi, comprising Jimmy Primsa Sinuhaji, Maslon Hutabalian, and Rayani Saragih. The findings highlight the critical importance of integrating formal police regulations with local sosiocultural Karo customs to achieve a humane, conscience-driven, and fair legal remedy.

A Shift in Legal Paradigm: From Punishment to Restoration

For years, criminal law enforcement in Indonesia has been historically dominated by a formalistic-retributive approach. This conventional perspective views every crime as a direct violation against the state, meaning the primary resolution almost always culminates in prison sentences. In practice, this rigid sentencing paradigm has birthed chronic new problems in Indonesia, including overcrowding in correctional institutions, ballooning state budget allocations for inmate operations, and a failure to restore the psychological and material rights of the victims.

In response to these realities, national legal reform has increasingly adopted the concept of restorative justice as an alternative dispute resolution outside formal litigation. This policy focuses heavily on restoring the ruptured social relationships between the offender, the victim, and the surrounding community as an integral whole. Within the police force, this movement is formally legitimized by the Police Regulation of the Republic of Indonesia (Perpol) Number 8 of 2021, which grants broad discretionary power to investigators to halt criminal proceedings if a sincere, peaceful agreement is reached between the parties involved.

Field Methods for Evaluating the Law

To map out the real-world effectiveness of this policy, Jimmy Primsa Sinuhaji and his team at Universitas Quality Berastagi utilized an empirical-juridical research design combined with a legal sociology approach. The research team gathered primary data through face-to-face, in-depth interviews with unit heads (Kanit) and assistant investigators at the Criminal Investigation Unit (Satreskrim) of Polres Tanah Karo. Additionally, they conducted direct observations of mediation forums and analyzed official case documents, such as letters notifying the progress of case investigations (SP2HP), to present an accurate and objective analysis.

Minor Assault Dominates Successful Peaceful Settlements

The field study uncovered significant data regarding the trends of assault case resolutions at Polres Tanah Karo using the restorative justice scheme. Out of a total of 95 reported assault cases received during the research period, 57 cases were resolved peacefully without needing to proceed to the courtroom.

Assault Case Management Data via Restorative Justice at Polres Tanah Karo (2026):

Minor Assault (Article 352 of the Criminal Code/KUHP)

  • Total Reports Received: 32 Cases
  • Resolved via Litigation (Court Trial): 4 Cases
  • Resolved via Restorative Justice: 28 Cases
  • Success Resolution Ratio: 87.5%
Ordinary Assault / Interpersonal Conflict (Article 351 of the Criminal Code/KUHP)

  • Total Reports Received: 45 Cases
  • Resolved via Litigation (Court Trial): 21 Cases
  • Resolved via Restorative Justice: 24 Cases
  • Success Resolution Ratio: 53.3%
Joint Assault / Group Brawling (Article 170 of the Criminal Code/KUHP)

  • Total Reports Received: 18 Cases
  • Resolved via Litigation (Court Trial): 13 Cases
  • Resolved via Restorative Justice: 5 Cases
  • Success Resolution Ratio: 27.7%

TOTAL CASE OVERVIEW: 95 Cases | Litigation: 38 Cases | Restorative Justice: 57 Cases | Total Success Ratio: 60.0%

According to the data above, the highest success rate for non-litigious settlement lies within the minor assault cluster, reaching 87.5 percent. This high rate is influenced by the minor nature of the physical injuries sustained, which do not disrupt the victim's daily activities. Conversely, in cases of joint assault or group brawling (Article 170 of the Criminal Code), the peace ratio is relatively low at 27.7 percent. This phenomenon occurs because the social impact of the conflict broadens, involving youth groups or large extended families, which complicates the process of aligning a mutual peaceful agreement between the opposing sides.

"The success of Polres Tanah Karo in operationalizing restorative justice cannot be separated from compliance with Police Regulation Number 8 of 2021, which is deeply intertwined with local customary social restoration. The penal mediation process successfully brings victims and offenders together alongside Karo customary elders, leveraging social-cultural kinship values such as communal deliberation," stated Jimmy Primsa Sinuhaji, the lead researcher from Universitas Quality Berastagi.

Four Main Obstacles Faced in the Field

Even though the available regulatory framework is highly comprehensive, the practical execution of restorative justice in the field frequently runs into complex psychological and sociological barriers within the community. The research team classified four primary constraints faced by police investigators:

  1. Egocentric Factors and High Emotional Tension: Physical altercations in assault cases generally leave behind deep psychological grudges. Flaming emotions during initial examinations cause the parties to refuse to face one another, let alone forgive each other during the early mediation stages.
  2. Victims' Physical and Psychological Trauma: In ordinary assault cases resulting in significant physical injury, victims often experience profound trauma and fear of potential follow-up intimidation from the offender. This situation makes victims firmly insist that the offender be punished with prison time for their own sense of safety.
  3. Irrational Financial Compensation Demands: In several mediation forums, peace agreements that are nearly finalized frequently collapse because the victim's side demands excessive, irrational financial compensation for medical treatment or customary fines. This turns the legal forum into a commercial, transactional arena.
  4. Lack of Legal Education on Restorative Justice Concepts: The majority of rural communities in the Tanah Karo jurisdiction still hold the conventional assumption that every police report must inevitably end behind bars. The understanding that a formal peace agreement is legally protected and can lawfully halt a criminal investigation is still poorly understood by the wider public.

Policy Implications and Future Recommendations

This study carries vital implications for public policy and criminal justice administration in Indonesia. The smooth application of restorative justice at Polres Tanah Karo proves that a humane approach is capable of reducing the case backlog in courts while restoring social harmony without undermining the principles of justice.

To optimize its effectiveness moving forward, the research team suggests several strategic steps. First, the police department must hold intensive legal socialization campaigns in rural areas regarding the true essence of restorative justice. Second, a clear guideline must be established to determine reasonable financial compensation standards based on equity and fairness to avoid disguised extortion. Third, strengthening mediation psychology competencies among police investigators is highly urgent so they can break the deadlock caused by the conflicting parties' egos, ensuring the realization of justice driven by conscience.

RESEARCH TEAM PROFILES

  • Jimmy Primsa Sinuhaji, S.H., M.H. – Lecturer and Researcher at Universitas Quality Berastagi. Expert in Criminal Law and Empirical Criminal Justice Systems. (Corresponding Email: jimmiprimsa@gmail.com).
  • Maslon Hutabalian – Academic at Universitas Quality Berastagi, focusing on Legal Sociology and Alternative Dispute Resolution (ADR).
  • Rayani Saragih – Academic at Universitas Quality Berastagi, specializing in Normative Positive Law and Contemporary Customary Law.

PRIMARY RESEARCH SOURCE

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