Abstract
This research attempts to introduce and integrate two relatively foreign concepts to each other; paradigm of restorative justice and military justice system. The aim is simple, namely to explore the extent and under what conditions these two routes of adjudication can function side by side without violating core principles of traditional military justice. This goal implies one important point; not all criminal cases that fall under the jurisdiction of military justice can be resolved using a restorative justice approach. The application of restorative justice in the settlement of traffic accident cases committed by TNI soldiers can only be implemented by reforming the three components of the legal system as stated by Lawrence Friedman, namely legal substance, legal structure and legal culture. Operationally, the application of restorative justice can be carried out in 3 (three) stages, namely investigation, prosecution and trial. However, the application of restorative justice at these three stages is not intended to replace the criminal justice system within the military court, because the restorative justice program is basically complementary and not a substitute for the criminal justice system.
Highlights
Not a few soldiers of the Indonesian National Army have committed certain crimes that fall into the category of general crimes
The researcher found at least one scientific article that can be used as a theoretical basis for studying the object of research, namely Dan Maurer's (2013) writing entitled “Mediation as Military Justice? Conjectures on Repairing Unit Cohesion in the Wake of Relational Misconduct. " In this paper, Dan Maurer shows that the victim-offender mediation and "administrative mediation" approaches can be applied to resolve military criminal cases that fall into the category of relational crime or misconduct, such as carrying out small attacks between roommates in the barracks, making insults or using offensive language towards a non-commissioned officer, and conveying threats to other members
The application of restorative justice in the settlement of traffic accident cases committed by TNI soldiers as stated above is one of the efforts to reform the law in www.psychologyandeducation.net the military justice environment
Summary
Not a few soldiers of the Indonesian National Army have committed certain crimes that fall into the category of general crimes. A TNI soldier who commits a traffic accident crime will be tried in a military court in accordance with the prevailing laws and regulations. " In this paper, Dan Maurer shows that the victim-offender mediation and "administrative mediation" approaches can be applied to resolve military criminal cases that fall into the category of relational crime or misconduct, such as carrying out small attacks between roommates in the barracks, making insults or using offensive language towards a non-commissioned officer, and conveying threats to other members. The researcher argues that Dan Maurer's study can be used as a starting point for examining the application of restorative justice in the settlement of traffic accident cases committed by TNI soldiers.
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