Implementation of Restorative Justice and Determination of Spiritual Costs in Land Ownership Disputes in the Jurisdiction of the Jakarta Metropolitan Police

Abstract

Land ownership disputes within the jurisdiction of the Jakarta Metropolitan Police (Polda Metro Jaya) often result in criminal proceedings that do not always address the root of the conflict. A restorative justice approach through mediation and agreements on restitutionary costs is an alternative that is more oriented towards recovery and justice. The problems faced in this paper are how the regulations and procedures for carrying out investigations and inquiries by the Police, how to implement restorative law enforcement regarding land ownership disputes, and what is the ideal restorative law enforcement related to land ownership disputes. This study employs a normative juridical research design using a qualitative approach. Primary data obtained from library research and analysis of legal documents consist of legislation, legal literature, and relevant scholarly sources. Data analyzed using content analysis to examine the legal framework and the application of restorative justice in land dispute resolution. The results show that the procedures for investigating land ownership disputes at the Jakarta Metropolitan Police have a clear legal basis according to the Criminal Procedure Code (KUHAP) and Regulation of the Chief of Police (Perkap) No. 6 of 2019. However, its implementation remains hampered by overlapping authorities and weak data integration. Improved professionalism of investigators and optimization of restorative justice are needed, although its implementation remains hampered by unclear procedures and low public legal awareness. Therefore, strengthening regulations and the capacity of investigators is necessary to ensure a more consistent and equitable application of restorative justice. Ideal restorative law enforcement emphasizes substantive justice through neutral, voluntary, and equitable penal mediation. In land ownership disputes, this approach restores social relations and a sense of justice for the parties. Its success depends on clear regulations, transparent oversight, and increased capacity and integrity of investigators to ensure that restorative justice is realized humanely and equitably.