Victim’s losses recovery by the minor offences’ perpetrator through restorative justice

Karim

doi:10.33448/rsd-v9i3.2307

Abstract

This research is aimed to explain the process of victim’s losses recovery by the minor offences’ perpetrator using restorative justice approach. Restorative justice here means as the settlement effort through penal mediation. The method used in this research is juridical normative focused on library research based on the regulation and literatures dealing with the problem discussed. The results shows that the settlement of minor offences through restorative justice is need to be implemented to fulfill a sense of justice, legal certainty, and its usefulness for the society. By combining the restorative justice and quick inspection, then the restorative justice can be performed without involving public persecutor and detention process.

Highlights

Minor offences are defined as criminal act which merely cause small losses and harm on the victims
The results shows that the settlement of minor offences through restorative justice is need to be implemented to fulfill a sense of justice, legal certainty, and its usefulness for the society
The settlement of minor offences should be settled alternatively through restorative justice which is implemented though penal mediation by bridging the victim, perpetrator, and the involved parties in order to find the right solution for the sake of all parties

Summary

Introduction

Minor offences are defined as criminal act which merely cause small losses and harm on the victims. The regulation regarding with the minor offences are rarely found in the Criminal Code (KUHP), and is only dealing with several provisions such as petty theft, petty embezzlement, petty fraud, and petty tampering. The settlement of minor offences should be settled alternatively through restorative justice which is implemented though penal mediation by bridging the victim, perpetrator, and the involved parties in order to find the right solution for the sake of all parties. Beside to redeem the victim’s losses, the restorative justice is aimed to avoid the shame of the perpetrator due to his act since the settlement mechanism is performed kinship without disseminating to the public. The current conventional criminal justice system often creates dissatisfaction and disappointment

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Discussion

Conclusion