Restorative Justice Research Articles

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.

Penyelesaian Sengketa Perjanjian Jual Beli Beras Program BPNT Mitra Bulog Dengan E-Warong di Kabupaten Banjarnegara

The economic growth of a country with low per capita income but prosperous in the future with a high population growth rate, then the country is categorized as a poor country. Poverty remains a big problem for Indonesia to this day, even the government has not been able to overcome or resolve the problem of poverty. Indonesia has issued a program to accelerate poverty reduction, requiring integrated coordination between parties in formulating and implementing policies. This coordination ultimately resulted in a program, namely the Non-cash Food Assistance Program (BPNT) as one of the government's innovations. However, there were obstacles experienced while the program was running, for example the breach of contract committed by E-warong in Banjarnegara Regency by denying the contents of the agreement that had been agreed between Bulog partners and E-Warong. The aim of this research is to examine how to resolve disputes effectively using normative research methods by analyzing applicable regulations. The finding of resolving this dispute was using the assistance of a third party, namely the Banjarnegara Police, with a non-litigation process through Restorative Justice because it had entered the realm of criminal acts of corruption. So, to get their civil rights back, the Banjarnegara Police are looking for a solution to resolve the dispute between Bulog Partners and E-Warong in Banjarnegara using a Restorative Justice approach.

Resolving criminal acts of sexual abuse committed by children against children using a restorative justice approach in the Kudus police area

Resolving criminal acts of sexual abuse committed by children against children using a restorative justice approach in the Kudus police area

Analisis Perbandingan Penegakan Hukum Tindak Pidana Kecelakan Lalu Lintas oleh Anak di Indonesia dan Malaysia

The number of traffic violations and accidents by children in Indonesia and Malaysia is quite high as evidenced by the many cases that have occurred in both countries, giving rise to debates about the regulation and application of law enforcement of traffic accidents by children in both countries. Law enforcement is a whole series of actions to maintain and maintain the balance of rights and obligations of citizens in accordance with human dignity and dignity, as well as their respective responsibilities according to their functions fairly and equally. This research aims to compare the regulation and law enforcement of criminal traffic accidents by children in Indonesia and Malaysia. The research method is normative juridical with statute approach and comparative approach. The data used is secondary data and analyzed descriptively qualitative. The data collection technique used in this research is library research. The result of the research is that criminal responsibility for traffic accidents by children in Indonesia already has an integrated arrangement with Undang-Undang Nomor 11 Tahun 2012 Tentang Sistem Peradilan Pidana Anak through the practice of diversion and restorative justice approaches. Whereas in Malaysia, there is no integration of legal arrangements specifically related to law enforcement of criminal traffic accidents by children. There are only rules regarding child driver traffic accidents in Sections 39 of the Road Transport Act 1987 (Act 333) and rules regarding the age limit of child criminal liability through the Kanak-Kanak Act 2001 (Act 611) and the Malaysia Penal Code.

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.

Cultivating just campus communities: engaging university students in developing restorative justice alternatives

ABSTRACT This case study considers how engaging university students in developing restorative alternatives to traditional retributive student conduct processes impact their attitudes toward restorative justice both on campus and beyond. As opposed to punitive approaches, Restorative Justice (RJ) attempts to achieve justice by addressing the harm caused by conduct violations through reconcillation between the stakeholders. While some universities have advanced RJ alternatives to address on-campus wrongdoing, little research exists on the impact of including university students in developing such models. As an alternative to a top-down administration-center approach, this case study utilized just community and justice-learning frameworks to develop a short course that engaged university students in developing on-campus RJ alternatives and measure the impact of the course on the students’ attitudes related to RJ through a pre-and post-course assessment based on the Taylor & Bailey’s Restorative Justice Attitudes Scale as well as student comments. This paper outlines the insights gained from the students’ post-course reflections on restorative practices.

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

Sociological Analysis of Restorative Justice in Rehabilitative Law Enforcement for Drug Abuse Cases

The escalating trend in drug abuse, particularly among the youth, necessitates a unified approach from all law enforcement entities to address this shift in paradigm. It is essential to view drug addicts and victims of drug abuse not only as perpetrators but also as victims, warranting the incorporation of rehabilitation as an alternative form of punishment. The severity of narcotics crime in Indonesia poses a profound threat not only to individual health both physical and mental but also to societal well-being and national development, potentially compromising state security and sovereignty. This paper explores the enforcement of narcotics law in Indonesia as dictated by Law Number 35 of 2009 and examines the application of restorative justice, a concept often referred to in criminal law enforcement, which emphasizes recovery and atonement for the perpetrator or their family towards the victim, facilitating out-of-court reconciliatory efforts. By examining the legal sociological perspective, this research advocates for resolving narcotics-related criminal cases through means that prioritize restoration over retribution. It argues for a restorative justice approach, where the focus shifts from imprisonment to alternatives like medical and social rehabilitation, aiming for a resolution that restores harmony and agreement between involved parties, thereby aligning legal outcomes with societal values and needs.

Defining restorative justice: a perspective from England and Wales’s further education sector

ABSTRACT Despite the lack of clarity in the literature in understanding restorative justice, scholars argue that it is rich and diverse in its meaning and application. However, a gap exists between theory and practice, and since ‘practice without theory is blind, and theory without practice is meaningless’ (Morrison, 2015, p. 449), a definition of restorative justice is essential, especially as the concept has now been adopted in other sectors such as education. This study defines restorative justice practices for institutions in the UK’s further education sector to guide them and their practices. As these institutions regularly deal with behavioural challenges in education, they have adopted restorative justice practices to better manage and deal with such situations and to create a safer environment and help the perpetrator reflect on the impact of their behaviour. In the UK, research on restorative justice in education focuses on primary and secondary schools, but is limited and underdeveloped in the further education sector. Based on data collected over 14 months, this study explores how the staff at these institutions explain restorative justice practices and purposes and finds a consensus based on these explanations.

Settlement Of Medical Disputes Through Restorative Justice According To Law No. 17 Of 2023 Concerning Health

Settlement of Medical Disputes through litigation and non-litigation, a special institution which functions as a legal institution whose function is to resolve disputes, the Ethics Committee of the Indonesian Medical Discipline Honorary Council (MKDKI) was formed, the Medical Ethics Honorary Council (MKEK) Dispute Settlement through the Consumer Dispute Resolution Agency (BPSK) ). The Health Law Settlement contains various new provisions in the health sector, including procedures for resolving disputes in the medical and health sectors, prioritizing restorative justice as stated in Article 310 of Law no. 17 of 2023 Obstacles in restorative care that can arise are a lack of commitment from the parties involved in resolving a dispute peacefully, the patient insisting on defending his report/lawsuit, the process outside the court is deemed unable to realize the sense of justice that the victim desires. There is no special institution that acts as a legal institution whose function is to resolve medical disputes. to carry out settlements outside the court process.

The Application of Restorative Justice In The Settlement of Traffic Accident Cases (A Case Study In The Jurisdiction of The Bekasi City Resort Police)

The Application of Restorative Justice In The Settlement of Traffic Accident Cases (A Case Study In The Jurisdiction of The Bekasi City Resort Police)

A Systematic Literature Review: Restorative Justice Approaches Resolving Violations of Electronic Information and Transaction Laws in Indonesia

The evolution of society into the information era, propelled by globalization and technological advancements, has transformed social behaviors and interactions, giving rise to the concept of an "information society." However, the proliferation of communication technology, while beneficial, has also presented challenges in ensuring responsible usage. This study explores the application of Restorative Justice Approaches in addressing violations of electronic information and transaction laws in Indonesia. Through a Systematic Literature Review method, five relevant studies were analyzed, revealing the efficacy and versatility of Restorative Justice in resolving various cybercrimes, including defamation, hate speech, dissemination of false information, and pornography. Despite its benefits, challenges such as disagreements among involved parties, resource limitations, and regulatory gaps hinder the effective implementation of Restorative Justice. Addressing these obstacles is crucial for fostering fair reconciliation and optimizing outcomes in resolving electronic information and transaction law violations

Reparative justice, historical injustice, and the nonidentity problem

Reparative justice, historical injustice, and the nonidentity problem

The Caribbean calls for restorative justice

The Caribbean calls for restorative justice

Restorative Justiceand Protection of Children's Rights in the Criminal Legal Process

Protection for children who are in conflict with the law in the juvenile criminal justice process, from investigation, prosecution, court, to juvenile correctional facilities, has not been able to provide protection that provides a sense of justice for children. In fact, children's rights are often ignored. In the case of children, children can be perpetrators, victims, or witnesses, so serious protection and treatment is needed to prevent wider and detrimental impacts on them. Handling of children's cases must be carried out by officials who understand children's problems. Law Number 11 of 2012 concerning the Juvenile Criminal Justice System marks progress in protecting children in conflict with the law, by changing the paradigm in handling these cases. The process of resolving children's cases is not only limited to the judiciary, but can also be carried out outside the judiciary through diversion with a restorative justice approach. This approach involves all relevant parties, including perpetrators, victims, witnesses and other parties, to jointly find solutions in the best interests of the child.

A Meta-Analysis of the Effectiveness of Restorative Justice Programs in Reducing Recidivism: A Global Perspective

Restorative justice (RJ) is a growing alternative to traditional punitive justice, emphasizing offender accountability, victim reparation, and community reintegration. This meta-analysis aims to quantify the effectiveness of RJ programs in reducing recidivism across diverse global contexts. A systematic search of electronic databases (Scopus, Web of Science, PsycINFO) from 2018-2024 was conducted, including studies that assessed the impact of RJ on recidivism using experimental or quasi-experimental designs. The primary outcome was recidivism (any reoffense), with secondary outcomes of violent and non-violent recidivism. Random effects models were used to calculate pooled effect sizes. Thirty-two studies met the inclusion criteria (N = 18,654 participants). The overall pooled effect size for RJ on recidivism was -0.11 (95% CI -0.15, -0.07), indicating a small but statistically significant reduction in recidivism compared to traditional justice. Subgroup analyses revealed greater effects for youth offenders (-0.16) and for programs with high adherence to core RJ principles (-0.18). In conclusion, RJ programs demonstrate a modest but consistent effect in reducing recidivism. The findings support the continued implementation and expansion of RJ, particularly for young offenders and in settings with strong adherence to RJ philosophy.

Restorative justice in Brazil: does it provide a place for community involvement and a path to penal abolition?

Abstract This article addresses the major criticisms of Brazilian restorative practices, which mainly focus on the offender and are shaped by the idea of punitivism. In this scenario, it is crucial to understand the centrality of Judicial Power in the implementation of restorative justice. That this approach risks refreshing old practices of criminal justice, under the cover of innovative discourses, is widely ignored. Such consequences have become reality, with recent research highlighting the absence of the victim, the individualization of the conflict and the lack of debate on the context of structural injustices prior to the conflict. We argue that the exclusion of the community and limited involvement by civil society might be the biggest obstacles for the inclusion of restorative justice in the development of a Brazilian transformative justice towards an abolitionist future.

Addressing Harms and Restoring Dignity: Reparative, Restorative and Reconciliatory Justice in the Southern Kalahari

Using the frameworks of reparative, restorative and reconciliatory justice, this article explores the impact of the South African Truth and Reconciliation Commission and the Land Reform Programme on harms caused to the ≠ Khomani San of the Southern Kalahari. These harms included dehumanisation, fragmentation and genocide during the colonial and Apartheid periods. We show that, despite its objectives, the TRC failed to acknowledge the dignity and humanity of the San, reaffirming their erasure. Land restitution by restoring rights offered the community the means to address deep structural harms, restore human relationships and re-claim the narrative about themselves for a broader emancipation. The broader cultural space of reconciliation opened up by the TRC and the restoration of land rights to the ≠ Khomani San enable them to re-claim the truth about themselves and their contemporary belonging in South Africa’s landscape.

Lived experiences of people impacted by gun violence: qualitative analysis of the prescriptions for repair project

BackgroundRestorative justice interventions can help address the harm created by gun violence, although few restorative justice programs focus solely on survivors or loved ones of victims of gun violence. Our...

How does digital inclusive finance affect energy justice? Evidence from China

This study investigates the impact of digital inclusive finance (DIF) on energy justice (EJ) and examines its underlying mechanisms as well as the moderating role of financial supervision (FS), using panel data from 30 Chinese provinces during 2011–2021. The findings indicate that DIF promotes EJ, particularly in recognition, procedural, and restorative justice. Digital technology innovation and energy structure upgrading are two important pathways through which DIF affect EJ. DIF's impact on EJ is positively moderated by FS. The current level of FS is within an optimal range, maximizing the positive effect of DIF on EJ. Significant regional variations are observed in the moderating effects of FS.