Investigators' Considerations in Terminating Investigations In Fraud Criminal Acts Sales of Common Land Through Restorative Justice

The termination of the investigation is regulated in Article 109 Paragraph (2) of the Criminal Procedure Code, which is if there is not enough evidence, it is not a criminal act and for the sake of the law. However, in practice, there is a termination based on restorative justice, as in the police report number: LP/B/422/X/2022/SPKT/Polda Sumatra. Although the elements of fraud and embezzlement have been fulfilled in the case, investigators stopped the investigation on the agreement between the victim and the suspect who had received payment money for 1,000 hectares of land that did not belong to him. The results of the study were obtained that the investigator's consideration in stopping the investigation of the criminal act of fraudulent sale of customary land through restorative justice, included juridical considerations, namely that there had been peace between the victim and the suspect accompanied by compensation: the victim's money was returned including land management costs of Rp. 1,200,000,000,-. Furthermore, the investigator's non-juridical consideration is that the parties still have kinship relations between races so that it becomes the basis for the investigator to prioritize deliberation so as not to cause conflicts between each race. The process of stopping the investigation of the fraudulent act of selling customary land through restorative justice is to bring together customary stakeholders for deliberation and provide options for both parties to resolve it familially and provide advice to the suspect to return all losses of the victims so that they do not sue each other in the future. Then issue a peace report and determine the termination of the investigation on the basis of the revocation of the report due to peace so that the case is stopped for the sake of restorative justice.