Abstract

“Restorative Justice” is a model approach which emerged in the 1960s in an effort to solve criminal cases. Unlike the approach used in conventional criminal justice system, this approach focuses on the direct participation of perpetrators, victims and society in the settlement process. This theory of the approach is still debated, but the view is in fact growing and it exercises a lot of influence on legal policies and practices in several countries. The UN through its basic principles considers the approach of restorative justice as the approach which could be used in the rational criminal justice system. Restorative justice is a concept of thinking that supports the development of the criminal justice system with emphasis on the required involvement of the community. It is also involving the casualties who with the current criminal justice system are excluded. In several countries, restorative justice has been translated into a variety of formulations to accommodate a variety of values, philosophical basis, terms, strategies, mechanisms, and programs. Good consultation with the perpetrators and the victims themselves may provide the public with a different mindset in preventing emerging problems. This process can involve the police, prosecutorial institution or the traditional institutions. Therefore, without excluding the work in the formal legal system, the institutional mechanism for resolution through consultation was working in the community. In the various principles and models of the restorative justice approach, the process of dialogue between the perpetrator and the victim is a fundamental and the also the most important part of the application of the restorative justice. The direct dialogue between the perpetrator and the victim gave the victim the opportunity to express what he/she felt, hope for human rights and the desire to reach a criminal settlement.

Highlights

  • Eva Achjani ZulfaAbstract “Restorative Justice” is a model approach which emerged in the 1960s in an effort to solve criminal cases

  • The Background of Restorative JusticeIn many countries, there is dissatisfaction and frustration in the application of formal criminal law

  • The conventional criminal justice system did not offer justice for people, no protection for the victim and it gave no benefit to the society

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Summary

Eva Achjani Zulfa

Abstract “Restorative Justice” is a model approach which emerged in the 1960s in an effort to solve criminal cases. Unlike the approach used in the conventional criminal justice system, this approach focuses on the direct participation of perpetrators, victims and society in the process of settlement of criminal cases. Used to refer to “Communitarian justice” comes from the communitarian theory developed in Europe today.10 Referring to such understanding, the handling of criminal cases through the restorative justice approach offers different views and approaches in terms of understanding and dealing with a crime. Crime creates an obligation to repair the damage to the relationship caused by a crime.13 Justice, in this approach, means a problem-solving search process in the criminal case. In this approach, means a problem-solving search process in the criminal case This process involves the offender, the victims, and the community as important actors in repairing, reconciling and guaranteeing the sustainability of the improvement efforts.

Application of Restorative justice in several countries
Prospects in Indonesia
Full Text
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