Concept Of Restorative Justice Research Articles

Restorative Justice and Agrarian Reform Conflict Resolution

Abstract: The government emasculates agrarian reform. The government no longer interprets agrarian reform as a restructuring of land ownership. Furthermore, the interpretation of agrarian reform now primarily focuses on asset legalization, land redistribution, and social forestry. The issue lies in the emasculation of agrarian reform. Various structural agrarian conflicts remain unresolved after the government's implementation of agrarian reform. Differences in interpretation of agrarian reform trigger the conflict. The government's interpretation is different from the community's interpretation, which considers agrarian reform to be a systematic effort to provide the community with access to land. The author recommends the concept of restorative justice as an effort to resolve this problem. The government should use restorative justice instead of the militaristic approach to resolve the problem. This article employs an empirical legal research method, combining a sociological perspective and a case study approach. This article contains several important findings, one of which is that asset legalization is not an agrarian reform. Asset legalization fails to address the issue of land ownership inequality. The government's implementation of land redistribution fails to address the issue of land ownership inequality. The government's version of land redistribution not only fails to resolve the issue of land ownership inequality, but also seizes land from marginalized communities. The same goes for social forestry. Social forestry leaves behind unresolved agrarian and environmental conflicts. Differences in interpreting agrarian reform actually cause all these problems. Therefore, we can use restorative justice as an alternative to solving the problem. As a problem-solving model involving victims and suspects, this resolution model seeks peace between the two parties. The hope is that there will be no more bloody agrarian conflicts, especially related to agrarian reform in Indonesia. Keywords: Agrarian Conflict, Agrarian Reform, Restorative Justice

Restorative Justice: An Idea Whose Time Has Come?

Is restorative justice, an idea whose time has come? Or do we still await the tipping point to arrive? This paper explores the relevance of restorative justice by engaging with primarily three texts—Changing Lenses (Howard Zehr), Returning to the Teachings: Exploring Aboriginal Justice (Rupert Ross), and The Expanding Prison (David Cayley)—on the subject. While the texts are primarily an exploration of the concept of restorative justice in the west. They also raise questions are of universal concern. I subscribe to the standpoint of universal values, with a qualification. It must be arrived at, by becoming conscious of the myriad hues that characterize human life, by respecting and learning from differences. The idea of universal values has to be a result of a conversation, a dialogue. It is with this perspective that I approach the readings. The introduction in the first section is followed by laying out of the key points of the texts in the second. Howard Zehr’s Changing Lenses is a primary text, which has been quoted and interrogated by the other books. In the third section is in an interview format where I share brief portions of a conversation that I had with a lawyer working in the Supreme Court of India. This section brings out the contrast and similarities between the penal justice and restorative justice approaches. In the concluding section four, I discuss some of the changes that are needed to realize restorative justice.

Law Enforcement of Corruption Crimes: Theoretical Study of the Restorative Justice Approach

The problem to be described in this research is how to handle criminal acts using a restorative justice approach that is practiced in the Indonesian criminal justice system and how is the concept of restorative justice applied to criminal acts of corruption in Indonesian law? The approaches used by the author in this research are the statutory approach, case approach, historical approach, comparative approach and legal conceptual approach. The results of the research found that handling criminal acts using a restorative justice approach which is practiced in the Indonesian criminal justice system has become a new method for resolving criminal cases. This model places greater emphasis on conditions for creating justice and balance for criminal perpetrators and their victims. This model has now been implemented in the criminal justice system in Indonesia. Indonesia. This model continues to be developed and implemented in the criminal justice system in Indonesia to achieve the goals of justice, certainty and benefit because the focus of the approach in restorative justice focuses on justice for victims and perpetrators, so that the function of law is not only as certainty for society but also as justice and benefit to the community in line with local wisdom in resolving criminal cases. The application of the concept of restorative justice in criminal acts of corruption in Indonesian law is through the return of all proceeds from criminal acts of corruption along with all forms of profits which are carried out at the stage before the investigation is carried out, during the investigation, during the investigation up to the stage of examination in court. The application of restorative justice has not been specifically regulated in corruption legislation in Indonesia, however circular letters have been issued in several law enforcement agencies which regulate the application of restorative justice in criminal acts of corruption which prioritizes deliberation to return all the proceeds of criminal acts of corruption.

형사절차에서 범죄피해자 지위의 재정립

This paper begins with the question of why the participation of crime victims is necessary in criminal proceedings. Is a procedure that excludes the victim fair? Does the criminal responsibility borne by the defendant realize justice? To answer these questions, a paradigm shift and a reinterpretation of the position of crime victims are needed. First, the paper addresses the fundamental question of why it is essential to find the position of crime victims in criminal proceedings. In the process of answering this question, the concept of restorative justice is introduced. Historically, the legitimacy of state punishment was established by excluding private vengeance. Therefore, a mechanism focused on resolving issues between the parties might be seen as a regression to the era of revenge, posing a potential threat to the carefully constructed criminal justice system. This perspective has led to distortions in the understanding of restorative justice. The paper seeks to correct these distortions by introducing the basic principles necessary for applying restorative justice within the judicial sphere. Finally, it returns to the initial question, finding an answer to why the participation of victims in criminal procedures is essential. It emphasizes the need to consider the various perspectives and positions of those affected by the crime, recognizing the impact on their lives. The paper suggests that we seek answers together regarding the scope of criminal law and the realization of justice.

Keadilan Restoratif dalam Dinamika Pembaruan Hukum Pidana Indonesia

The purpose of this study is to assess the effectiveness of the implementation of restorative justice in handling certain criminal cases in Indonesia. The type of research used is descriptive. Which means that this research will be discussed in the form of a presentation that is elaborated in words carefully and thoroughly. In this case, the presentation of the concept of restorative justice as a means of resolving non-litigation cases (outside the court) and its relevance to the dynamics of criminal law reform in Indonesia. The approach method in this study is a normative juridical approach method. As a result, criminal law reform must be formulated with a policy-oriented approach, as well as an approach oriented to the values that live in society. Restorative justice as one of the alternative case resolution in the criminal justice system that focuses on restoring the original situation by involving victims, perpetrators and the community is one of the efforts in criminal law reform that is oriented not only to retaliation.

TRANSFORMING CONFLICT RESOLUTION: RESTORATIVE JUSTICE IN LAND DEED REGISTRATION

So far, sometimes victims feel dissatisfied with the results of judges' decisions regarding sanctions for perpetrators. The purpose of this study is to find out the urgency of Restorative Justice against the Office of the Land Act Maker (PPAT) and the completion of the law of the Bureau of the Property Act Makers (PPAT) who performed the clearance of Customs Procurement of Land and Buildings Rights (BPHTB) through restorative Justice. This type of research is empirical law research. This research is done in the City of Makassar, South Sulawesi Province. The data used are primary and secondary data, with field study techniques and library studies. The data collected is then analyzed qualitatively. The results of this study indicate that the Urgency of Restorative Justice, one of which is the restoration of the original situation, can be carried out against PPAT in the event of embezzlement of tax levies from the imposition of Fees on Acquisition of Land and Building Rights (BPHTB) embezzled by PPAT in the process of transferring rights to land and / or buildings, unless there are elements of harming the state or criminal acts of corruption, then Restorative Justice cannot be carried out. Although currently the concept of Restorative Justice has been contained in the settlement of corruption crimes, it is not yet fully implemented, because the settlement still focuses on prison sentences.

The Effect of Cashback Promo, Paylater Features and Ease of Application on Repurchase Interest at Shopee

Children are the future generation of the nation that must be protected, especially when dealing with the law. The difficult navigation route passed by children who are suspects of criminal acts has depicted sadness in children that can disturb the child's mental state, in order to avoid this possibility, another method has emerged in child criminal acts, namely restorative justice (diversion) which is in accordance with the principle of ultimum remedy in criminal law. This study aims to understand the concept of implementing restorative justice which is associated with the principle of ultimum remedy, where this study works using qualitative methods and is sorted in descriptive, so that concrete solutions can be found regarding the matter being studied. The results of this study found a match between the concept of restorative justice and the principle in criminal law, namely ultimum remedy where criminal witnesses are the last step in handling child criminal acts. However, in its application, several obstacles were found, one of which was due to the different meanings of justice between the parties.

Perlindungan Hukum Terhadap Korban Kekerasan Seksual dalam Rangka Mewujudkan Keadilan Restorative Justice

Legal protection is very important and affects justice for all Indonesian citizens. According to the viewpoint of the concept of restorative justice, handling crimes that occur is not only the responsibility of the state but also the responsibility of the community. Therefore, the concept of restorative justice is built based on the notion that crimes that have caused losses must be recovered, both losses suffered by the victim and losses borne by the community. Various sensitive issues afflict the lives of women, including crimes of sexual violence (sexual violence) and sexual harassment (sexual harassment). Women are very vulnerable to becoming victims of crime in the field of decency. The efforts of legal protection agencies or advocacy institutions in creating good law enforcement really need supporting factors in order to create such legal protection properly and effectively.

IMPLICATIONS OF RESTORATIVE JUSTICE IN CONFLICT REDUCTION: A CASE STUDY IN OLINDA, PERNAMBUCO

With this qualitative research we aimed to analyze reverberations of restorative justice practices in Brazilian basic education schools. We discuss retributive and restorative justice concepts through a case study carried out in a school in Olinda, a Brazilian northeast municipality. We present data on the restorative practices project implementation in the school. It appears that episodes of conflict and violence prevailed among girls. As a result of the Project implementation, it appears that there is resistance from teachers and part of the students, but a new culture of peace also emerges through affirmative and preventive actions against violence, with emphasis on “female empowerment”. We conclude that such practices are contextualized in particular schools, under democratic leadership, such as the Brazilian case studied.

Pencegahan Tawuran Antar Pelajar Melalui Pendekatan Restorative Justice

Inter-school brawls are a disturbing phenomenon in Indonesia. Various efforts have been made to prevent these brawls, but they still occur frequently. The restorative justice approach offers an alternative solution to prevent fights by focusing on restoring relationships and building a sense of responsibility. This article aims to examine the concept of restorative justice and how this approach can be applied in preventing brawls between students. The research method used in normative juridical with primary data in the form of laws and regulations and secondary data in the form of journals and articles. The result showed that brawl prevention can be done through restorative justice. The conclusion of this study is a promising approach in preventing brawls between learners.

Local Wisdom-based Restorative Justice Approach to Customary Violations Committed by Children

Child protection is an effort to create conditions so that children can carry out their rights and obligations while still prioritizing their best interests. There are three things discussed in this study namely: punishment policy in the use of diversion and restorative justice, values and forms of restorative justice, and the role of custom in cases of children in conflict with the law. This study is an empirical legal study that examines the settlement of criminal cases committed by children with a restorative justice approach. The data used are primary data and secondary data. Analysis of the problems is carried out qualitatively. The policy of handling children's cases with the concept of restorative justice, which promotes peace through deliberations involving various parties, religious and traditional leaders, and the community is very much in line with the concepts of progressive law and substantive justice. To realize the settlement of cases based on restorative justice, relevant stakeholders are expected to be able to apply the values of restorative justice in practice to be able to produce peace agreements that reflect the sense of community justice. Efforts to resolve cases or customary issues carried out by deliberation by traditional elders as village peace judges, are part of the application of local Balinese wisdom and are the best step to restore the situation as before by sticking to the spirit of kinship, mutual care, compassion, and care. Keywords: Children, customary village, diversion, local Balinese wisdom, restorative justice

Дискурсы примирения и проблемы институционализации примирительных процедур по уголовным делам

<p style="text-align: justify;">The global trend of development of new approaches in criminal proceedings, as well as the emerging domestic practice of restorative justice in the last two decades set objective prerequisites for the institutionalisation of conciliation procedures in criminal cases in Russian law. However, attempts to legislate them have not yet been successful. The author considers the clash of socio-cultural discourses as a key factor of resistance to innovation. The article analyses the difference between the understanding of reconciliation in the concept of restorative justice and the dominant legal discourse on reconciliation in criminal cases, and considers the main ideas of the draft laws developed by the initiative working group of the Public Centre for Judicial and Legal Reform in 2020 and 2021. It is shown that interpreting the characteristics of restorative justice in terms of unproblematised legal axioms contradicts the proposed initiatives. The identification of the discursive grounds behind the different positions, against the background of increasing recognition of the role of reconciliation procedures, is a prerequisite for improving the conceptual system that corresponds to the objectives of modern humanistic criminal justice.</p>

Design of Election Criminal Enforcement Through A Restorative Justice Approach in Nort Sumatra

The large number of cases of suspected election crimes at every stage of the elections in Indonesia are not balanced with a fair law enforcement design and legal certainty. The establishment of the Integrated General Election Law Enforcement Center (Sentra Gakkumdu Pemilu) apparently did not have a significant impact in effectively prosecuting perpetrators of election crimes. This research aims to examine the design of law enforcement for election crimes and analyze the application of the concept of restorative justice as an approach to law enforcement for election crimes. The results of the research, firstly, are that the complexity of the law enforcement mechanism for election crimes causes the number of reports of election crimes submitted by the public to election supervisors to be meaningless. Second, that the current law enforcement design for election crimes still prioritizes punishment, even though law enforcement prioritizes the principle of ultimum remedium in its implementation. The absence of legal loopholes in prioritizing the concept of restorative justice in enforcing election criminal law is an obstacle for the Gakkumdu Center in enforcing election criminal law. The large number of cases of suspected election crimes that occur while the resolution time is relatively short makes it difficult for law enforcement to promote election crimes to promote justice and legal certainty. So there is a need to design technical regulations in implementing restorative justice in handling election crimes in the future.

Restorative Justice Policy on the Reduction of Crime Rates in Indonesia: A Narrative Review

Introduction: The concept of restorative justice is a popular alternative in various parts of the world for addressing unlawful acts (unlawful in the formal sense) because it offers comprehensive and practical solutions. Restorative justice aims to empower victims, offenders, families, and communities to rectify an unlawful act using awareness and remorse as the foundation for improving community life. Methods: This research employs a literature review approach, wherein the researcher collects relevant articles and literature to be examined and summarized descriptively to achieve comprehensive results and conclusions. Result: Restorative Justice is fundamentally a philosophy (a basic guideline) in out-of-court settlements using mediation or deliberation to achieve the justice desired by the parties involved in criminal law. However, more substantive rules are needed in practice to lead to a fair resolution through reconciliation, emphasizing restoration to the original state. Conclusion: Educational and awareness campaigns that can create harmonious reintegration for former offenders to return to society must be enhanced. Law enforcement officers also need to review regulations regarding implementing restorative justice to uphold the principle of justice.

Restorative Justice in the Case Verdict of the Muhammed Bin Zayed: MBZ Toll Road Case

Traffic congestion is a common problem throughout the country. Traffic accident cases that occur in the West Java Regional Police are generally handled through criminal procedures rather than non-criminal. The purpose of this study is to analyze and understand the implementation of the concept of Restorative Justice in cases of traffic accident decisions and other legal products in solving cases. The method used is empirical juridical using primary legal data, secondary legal data and tertiary legal data, namely legal products relevant to the restoration of justice. The results of the study explained the issuance of Law No. 22 of 2009 concerning Road Traffic and Transportation and the Circular Letter of the Chief of Police of the Republic of Indonesia. Police Number: SE/8/VII/2018 concerning the Implementation of Justice and Criminal Justice Decisions to resolve traffic accident cases. The persons involved as well as the legal requirements regarding the time limit for the implementation of justice only react to criminal investigations before submitting the initial notice of investigation, and the principle of civil law culture through the process of implementing the concept of Restorative Justice.

LEGAL REFORM ON THE CONCEPT OF RESTORATIVE JUSTICE IN THE CRIMINAL JUSTICE SYSTEM

Restorative justice is an alternative to solving criminal cases, which in the resolution mechanism involves the perpetrator, victim, perpetrator’s family, victim’s family, community leaders, or stakeholders to jointly find a fair solution and emphasize returning to the situation as before. The implementation of the concept of restorative justice is needed in an effort to reform the law of the criminal justice system. This study aims to understand, explain, analyze, and make a comparison with the implementation of the concept of restorative justice as an effort to reform criminal law. The method used in this study is normative legal research. There are efforts to reform the law or legal findings in a criminal justice system regarding the resolution of criminal cases. The concept of restorative justice can be adopted and simultaneously applied. In addition to minimizing the accumulation of case files, restorative justice prioritizes the rights of perpetrators and victims and the restoration of the situation.

The Concept of Restorative Justice in the Criminal Legal System: A Breakthrough in Legal Benefits

Historically, alternative efforts to resolve criminal cases have existed since the Dutch colonial era, even before Indonesia's independence. Currently, there are several forms of resolving criminal cases outside of court in force, namely diversion (transferring the resolution of children's cases from the criminal justice process to a process outside criminal justice in accordance with the Juvenile Criminal Justice System Law), Afkoop (as regulated in Article 82 of the Criminal Code), and Seponeren (dismissal of cases in the public interest by the Attorney General). The aim of this research is to analyze the concept of restorative justice in the criminal law system as a breakthrough in legal benefits. Approach The research method that can be used in this research is the empirical juridical approach. This approach combines a normative juridical approach with an empirical approach. Based on the analysis carried out, restorative justice can be applied in cases that cause financial loss or minor crimes. The principle of restorative justice in resolving criminal cases in Indonesia does not only depend on formal and material criminal law provisions but is also based on a broader concept of punishment. The model for implementing restorative justice in Indonesian criminal procedural law can be found through a criminal resolution mechanism that follows a legitimate legal problem resolution approach, which is reflected in the reform of the criminal justice system in Indonesia, which is based on an evaluation of the criminal justice system.

Diskursus Kampung Restorative Justice Dan Eksistensi Peradilan Adat Di Provinsi Jambi

This research delves into the discourse related to village restorative justice and customary law in the Province of Jambi in the context of the diversity of authority shifts between modern legal approaches and existing legal traditions. The research background refers to conceptual differences and perspectives on dispute resolution between the state and customary law. To examine the relationship between the concept of restorative justice and customary justice, this study employs a qualitative approach by conducting in-depth interviews with representatives from the prosecution, community leaders, as well as traditional leaders in several restorative villages in the Province of Jambi. The literature review involves a profound understanding of restorative justice, customary justice, and the interaction between state law and customary law. The research findings highlight the conflicts and convergences between the restorative justice approach and the existence of customary justice. Conflicts arise in the interpretation of rights, obligations, and authority held by each system. However, this research also reveals the potential synergy between these two approaches in resolving disputes with a more holistic and contextual approach. The findings of this research indicate the importance of dialogue and collaboration between the state and customary law in developing initiatives such as village restorative justice. In the context of the Province of Jambi, wise integration of state and customary law can bring benefits for the preservation of cultural values as well as the fulfillment of individual and community rights.

THE ROLE OF THE POLICE AS MEDIATORS IN RESOLVING CRIMINAL CASES OF DOMESTIC PHYSICAL VIOLENCE THROUGH RESTORATIVE JUSTICE IN THE JURISDICTION OF THE BENGKULU CITY RESORT POLICE

Based on the data obtained in the resolution of criminal cases involving domestic physical violence through the restorative justice approach in the jurisdiction of the Bengkulu City Resort Police from 2019 to 2021, it has not been able to function optimally. This condition is because the police, particularly the investigators, await a settlement agreement between the parties involved and the withdrawal of complaints by the complainants. This condition raises the question of how the resolution through a restorative justice-based approach, carried out by the police as mediators, can be the best solution for resolving cases involving the parties through a restorative justice approach. This reason is what motivated the author to conduct this research. The methodology employed is empirical legal research, utilizing primary and secondary data. The data was analyzed qualitatively through a juridical lens, leading to inductive conclusions. Based on the results of this research, the following findings emerge: (1). The concept of restorative justice is employed in handling criminal cases with an emphasis on the integration of perpetrators, victims, and the community as a whole, seeking to find solutions and restore a positive relationship between the perpetrator of the criminal act. (2). The role of the police as mediators has yet to be optimally executed, primarily due to concerns and suspicions from the involved parties regarding potential bias by the police towards one party. Internally, the police have established regulations, such as the Telegram Letter from the Head of the Criminal Investigation Division Number S.T./583/VIII/2012 dated August 8, 2012. (3). Investigator's considerations as mediators in using the restorative justice-based approach to resolvedomestic physical violence within the jurisdiction of the Bengkulu Resort Police include the submission of peace agreements by both the victim and the perpetrator. This consideration is especially relevant in cases of minor physical violence, where the victim does not wish to prolong the case, and the interests of the victim in domestic violence are accommodated Keywords : Police Role, Mediator, Restorative Justice, Domestic Violence

RENEWAL OF ATTORNEY GENERAL REGULATION NUMBER 15 OF 2020 CONCERNING TERMINATION OF PROSECUTION BASED ON RESTORATIVE JUSTICE IN CORRUPTION CASES THAT PRIORITIZE SAVING STATE LOSSES

The current handling of corruption cases emphasizes punishing the perpetrators and recovering state financial losses caused by corruption. Since 2010, the Attorney General's Office has issued internal regulations for resolving corruption cases through a restorative justice approach. These internal regulations allow for the resolution of corruption cases in a non-punitive manner that prioritizes the saving of state losses. The problems were addressed: (1) what is the possibility of resolving corruption cases prioritizing saving state losses through the renewal of Attorney General Regulation Number 15 of 2020 concerning the Termination of Prosecution Based on Restorative Justice? (2) What is the influence and obstacle if Attorney General Regulation Number 15 of 2020 concerning Termination of Prosecution Based on Restorative Justice is applied to Corruption Cases? The type of research used in this thesis was normative legal research. The research results show that: (1) Theoretically and juridically, the concept of restorative justice in corruption cases could be implemented to realize one of the objectives of punishment, which provided a deterrent effect and maximized the return/safety of state losses oriented toward the national economy and were in line with the ultimum remidium principle which could streamline the implementation of the principles of simple, fast and low-cost justice. (2) The factor that influenced and obstructed when Attorney General Regulation Number 15 of 2020 concerning Termination of Prosecution Based on Restorative Justice was applied to Corruption Cases was that the process of termination of prosecution based on restorative justice in Attorney General Regulation No. 15 of 2020 did not specifically explain the termination of prosecution in corruption cases. Keywords: Law Reform, Corruption, Restorative Justice, State Losses