Implementation Of Restorative Justice Research Articles

Restorative Justice in Islamic Law: Solutions to Improve Social Justice Towards a Golden Indonesia 2045

Restorative Justice present as legal reform in Indonesia. Discourse Restorative justice as a legal practice, it is seen as a concept that is more just, has legal certainty, is beneficial and is based on human rights. However, in its application it still experiences many argumentative obstacles so that its use and concept are not yet mature. To this day there is no standard version regarding the concept of restorative justice itself. If examined more deeply, this concept is more similar to the idea of ​​al-'Adalah al-Islahiyah which has existed since the Qur'an was revealed. The type of research used is library research (library research) by using a normative juridical approach regarding regulations and instruments in implementing the concept restorative justice in Indonesia, case study (case approach) related to effectiveness restorative justice in improving justice as well as comparative studies related to the concept a quo based on the view of Islamic law. The data used comes from literature and studies of related verses and hadiths as well as related laws and other regulations of restorative justice. The results of this analysis show that the concept of restorative justice In Islamic law is known asal-adalah al-islahiyah and char. This concept as a whole prioritizes the resolution of matters by emphasizing on reconciliation, forgiveness, restoration and improving the relationship as it is now. This concept is considered more relevant and guarantees rights and justice for the parties so it is considered necessary to be integrated in the system of restorative justice in Indonesia in an effort to realize a golden Indonesia 2045. The implication of this article is that there are standard rules regarding the mechanism for implementing restorative justice in Indonesia by presenting special institutions to accommodate the implementation of restorative justice.

Roles of Public Prosecutor's Office in Restorative Justice: A Focus on Prosecution Discontinuation Regulations

The implementation of restorative justice in criminal cases is crucial for upholding humanitarian values that prioritize the recovery and protection of both victims and offenders. This approach seeks to restore the situation to its original state without solely focusing on punishing the perpetrator, marking a paradigm shift towards reconciliation and healing. In Indonesia, restorative justice aligns with the societal need for more inclusive prosecutorial and judicial authority. Pre-court resolution of criminal cases must explore the potential for resolution before reaching a conviction. The Prosecutor's Office of the Republic of Indonesia holds a central role in executing this approach.The issuance of Prosecution Regulations Republic of Indonesia Number 15 of 2020, concerning the Termination of Prosecution Based on Restorative Justice, provides concrete guidance for the Attorney General of the Republic of Indonesia. This regulation emphasizes the recovery and protection of victims, aligning with broader aspects of humanity and justice. The primary objective is to establish public order, justice, truth, and legal certainty based on existing laws and values such as morality, religious norms, and courtesy. The Prosecution Regulations aims to encourage a more humane and conscientious approach by the Public Prosecutor, prioritizing the recovery of victims and the rehabilitation of offenders. This departure from traditional punitive thinking contributes positively to society. As an integral part of Indonesia's criminal justice system, the Prosecutor's Office bears significant responsibility in creating legal certainty, truth, legal order, and justice based on human values, morality, courtesy, and religious norms.This shift reflects a positive change in a criminal justice system that increasingly emphasizes inclusivity and social healing. Restorative justice goes beyond being a conceptual framework; it signifies a commitment to instigate positive transformations in the handling of criminal cases in Indonesia, ensuring that human values and justice form the bedrock of the justice system.

Restorative Justice Settles Health Disputes Between Patients and Hospitals from an Inclusive Justice Perspective

The legal system in Indonesia has seen significant developments in handling healthcare disputes between patients and hospitals through the introduction of the concept of Restorative Justice. The principles of Restorative Justice and inclusive law can be integrated to create a fair, inclusive resolution of conflicts and repair damaged relationships resulting from these disputes. The objective of this research is to analyze the implementation of Restorative Justice in enhancing the resolution of healthcare disputes between patients and hospitals, considering an inclusive legal framework, and identifying potential major obstacles. The research method used is normative research with a focus on legislative analysis and legal literature to explore the concept of Restorative Justice within an inclusive legal framework for resolving healthcare disputes between patients and hospitals. The researcher employs literature review and document analysis techniques to gather and analyze the legal data required for this research. Implementing Restorative Justice for resolving healthcare disputes between patients and hospitals within an inclusive legal framework is an effective approach for resolving healthcare conflicts. Restorative justice emphasizes relationship restoration and mutual understanding over punishment and can be applied in cases of malpractice, patient dissatisfaction, or violations of medical ethics. To be successful, relevant regulations such as the Arbitration Law in Indonesia, trained mediators, and the involvement of all relevant parties are necessary. Protecting patients' rights, transparency, accountability, and effective communication should also be a focus. By implementing restorative justice and an inclusive legal framework, the resolution of healthcare disputes can be more effective, fair, and can improve the relationship between patients and hospitals

Formulation of Strengthening Restorative Justice by the Public Prosecutor To Realize Legal Certainty

Restorative justice is a legal paradigm that emphasizes repair and reconciliation between criminals, victims and society, not just punishment. The implementation of restorative justice in Indonesia still needs strengthening, especially through the role of public prosecutors. This research aims to formulate a strategy to strengthen restorative justice by public prosecutors in order to realize legal certainty. This research uses socio legal research methods. The data sources used by researchers are primary, secondary and tertiary data obtained from literature analysis, case studies and interviews with law enforcement. The results of the research show that the strategy formulation for strengthening restorative justice to realize legal certainty implemented by public prosecutors is increasing and strengthening the competency of public prosecutors, integrating restorative justice in law enforcement guidelines, collaboration and partnerships between institutions and related parties, advocacy and public education, evaluation and improving policies, as well as upholding balanced justice

Advancing Justice: Embracing a Progressive Legal Framework for Case Resolution in Central Java Police Criminal Investigation (A Case Study at Polda Ditreskrimsus)

Progressive law emphasizes the evolution of legal principles, asserting that laws are crafted for the benefit of humans rather than humans existing solely for the sake of the law. It is guided by moral considerations, seeking to incorporate fundamental values and moral principles in the formulation of laws. This approach places a strong emphasis on conscience, viewed through the lenses of empathy, honesty, and courage. Prophetic intelligence, a foundational element of progressive law, highlights human capacity for self-transformation through interactions, socialization, and adaptation, with a focus on upholding basic values that safeguard human rights. These values are articulated in three key aspects: the philosophical aspect, emphasizing justice; the juridical aspect, emphasizing certainty; and the sociological aspect, emphasizing expediency. Restorative justice, as a manifestation of progressive law, offers an alternative approach to resolving criminal cases. It shifts the focus from punitive measures to a peace-oriented process, achieved through mediation between the offender and the victim. This process prioritizes restoring the original condition and rebuilding positive societal relations. The Head of the National Police of the Republic of Indonesia Regulation Number 08 of 2021, addressing the Handling of Criminal Acts based on Restorative Justice, serves as a guideline for the National Police in resolving criminal acts. This regulation underscores the importance of restoring the original state and achieving a balance in protecting the interests of both victims and perpetrators, moving away from a punitive-oriented approach. The implementation of Restorative Justice in the Criminal Investigation Department of the Central Java Regional Police provides an avenue for resolving criminal acts by engaging the perpetrator, victim, their families, legal advisors, and other stakeholders through a peace-focused process, with a central emphasis on restoring the original state.

Juridical Analysis of Criminal Act Handling Based on Restorative Justice in Resolving Attempted Murder Cases (Research Study at Lingga Resort Police)

This thesis is entitled Juridical Analysis of Handling Criminal Acts Based on Restorative Justice in Resolving Cases of Attempted Murder (Research Study at the Lingga Resort Police). The formulation of the problem is how the law is regulated and also how it is implemented, obstacles and efforts to overcome obstacles in handling criminal acts based on restorative justice in solving the attempted murder case. The aim is to find out legal regulations and their implementation, obstacles and efforts to overcome them. This research uses empirical (field) legal research and normative legal (literature) research. Using research methods consisting of 2 forms. Namely normative law or doctrine and empirical or sociological law. The normative is through applicable articles and the empirical is through interviews. The results of research on resolving criminal acts using a restorative justice approach aim to resolve conflicts that occur between perpetrators and victims and avoid negative effects arising from the current criminal system. Some jurisdictions may have special restorative justice programs designed for attempted murder cases. These programs can involve meetings between perpetrators and victims, as well as community participation, with the aim of promoting understanding, resolution, and reconciliation. Implementation of restorative justice in attempted murder cases can be carried out in stages.

Implementation of Restorative Justice Policy against Perpetrators of Criminal Negligence that Causes Death

Requests for termination of prosecution against perpetrators of criminal negligence causing death can be rejected or granted even though they use the same technical guidelines, namely Circular Letter of the Deputy Attorney General for General Crimes Number 01/E/EJP/02/2022. The research focuses on understanding the policy parameters of restorative justice for perpetrators of criminal negligence causing death and the ideal implementation of restorative justice for perpetrators of criminal negligence. This research is a normative juridical research with statutory approach, case approach, and conceptual approach. Restorative Justice Application is granted because the parameters of negligent acts are not purely in the perpetrator but also carried out by the victim himself, while the application is rejected because culpa only comes from the actions of the perpetrator. The ideal implementation of restorative justice policy must lead to efforts to restore the original state, no negative stigma from the community, and oriented to technical efficiency and legal certainty for the parties. Suggestions from the research results are that case termination based on restorative justice requires certainty in technical regulations, for example through the Attorney General's Regulation. The ideal implementation of restorative justice policy must pay attention to: a unified written policy / lex scripta that can be accessed by the public, can be tested, integrative between judicial mechanisms and pay attention to functional differentiation of criminal justice, as well as harmonization of subjects and objects in prosecution.

The Concept of Restorative Justice in Criminal Procedure Law through The Rehabilitation Process: Integrated Assessment at The National Narcotics Agency of Bone Regency

The study discusses the "Concept of Restorative Justice in Criminal Procedure Law through Rehabilitation Process by the Integrated Assessment Team at the National Narcotics Agency of Bone Regency." The research aims to: identify the essence of Restorative Justice through Rehabilitation by the Integrated Assessment Team at the National Narcotics Agency of Bone Regency, describe the implementation of Restorative Justice through Rehabilitation by the Integrated Assessment Team at the National Narcotics Agency of Bone Regency, and analyze the integration of Competency Development in Criminal Procedure Law courses through the Concept of Restorative Justice in Rehabilitation by the Integrated Assessment Team at the National Narcotics Agency of Bone Regency. This research employs a qualitative approach with legislative, case, and conceptual approaches located at the National Narcotics Agency of Bone Regency, with doctors and the rehabilitation section of BNNK Bone as the sources of information, who are part of the integrated assessment team. The data used are primary data obtained through interviews, observation, and documentation. The research findings indicate that: (1) The essence of Restorative Justice through Rehabilitation by the Integrated Assessment Team at the National Narcotics Agency of Bone Regency is rooted in the protection of the health and social life of drug abusers specifically and society in general. (2) The implementation of Restorative Justice through Rehabilitation by the Integrated Assessment Team at the National Narcotics Agency of Bone Regency complies with regulations, but there are still some challenges, including ambiguous regulations, law enforcement officers' paradigm towards rehabilitation, and inadequate rehabilitation facilities; (3) The integration of Competency Development in Criminal Procedure Law courses through the Concept of Restorative Justice in Rehabilitation by the Integrated Assessment Team at the National Narcotics Agency of Bone Regency can be applied to related criminal law courses through sub-topics in the semester lesson plan, especially regarding narcotics offenses.

Restorative Justice in The Settlement of Fraud Crimes in The Banyumas Police Criminal Investigation Unit

The settlement of fraud cases with restorative justice is an innovative step to follow the dynamics of the development of the legal world which began to shift from positivism to progressive. Restorative justice is an approach that focuses more on the conditions for the creation of justice and balance for the perpetrators of criminal acts and the victims themselves. The research method used is empirical juridical, namely legal research on the implementation of restorative justice in action in the settlement of fraud cases by the Banyumas Police Criminal Investigation Unit. The purpose of this research is to analyze the settlement of fraud crimes through restorative justice and to find out the obstacles in the settlement of theft crimes through restorative justice at Satreskrim Polresta Banyumas. The results showed that the Banyumas Police Criminal Investigation Unit resolved fraud cases using a restorative justice approach based on Police Regulation Number 8 of 2021 concerning Handling Crimes Based on Restorative Justice, namely by bringing together the perpetrator and victim and seeking to restore the losses suffered by the victim. The obstacles faced by Satreskrim Polresta Banyumas are that the victim does not want the involvement of outside parties in resolving his case and the inability of the perpetrator to fulfill the compensation requested by the victim, causing the settlement of fraud cases through restorative justice to fail.

Restorative Justice in a No Excuses Charter School

Restorative justice practices are an increasingly popular approach to behavioral management, rooted in relationships rather than the behaviorist approach of many traditional forms of schooling. Research on restorative practice implementation demonstrates that schools rarely have time to consider cultural change, as they rush to reduce suspensions and discipline gaps. Presumably, this mismatch between culture and practice would be even more pronounced in a no-excuses charter, but this presumption warrants inquiry. Framed by theories of institutional logics, the current study examines an historically no-excuses charter school’s shift toward restorative justice. We find that a behaviorist, “no-excuses” logic inhibits teachers and administrators from embracing the cultural and ideological foundations of restorative justice, even as they express ideological and intellectual commitment to the shift in practices. We close with implications for school leadership and restorative justice implementation.

Research on the Impact of Restorative Justice Implementation on the Social Reintegration of Offenders and the Reduction of Recidivism Rates

Restorative justice has emerged as a powerful framework within the criminal justice system, offering innovative solutions to reduce recidivism and promote the social reintegration of individuals with criminal backgrounds. This paper explores the impact of restorative justice on these crucial aspects of the criminal justice process. It delves into the principles, practices, and theoretical underpinnings of restorative justice. Real-world cases and empirical evidence are presented to illustrate its effectiveness, while also acknowledging the challenges and limitations. The implications of this research highlight the need for wider integration of restorative justice programs, the development of skilled facilitators, and the importance of community involvement. As a holistic approach, restorative justice provides a promising path toward safer and more inclusive communities.

MENATA KEMBALI PRINSIP RESTORATIVE JUSTICE DALAM SISTEM PERADILAN PIDANA INDONESIA: SEBUAH GAGASAN MENCAPAI IDEALITAS

The purpose of this research is twofold: first, to provide a conceptualization of restorative justice principles in Indonesia's criminal justice system; and second, to examine the problematic application of these concepts in that system. Normative legal research, specifically the statutory technique and the conceptual approach, are utilized in this study piece. On top of that, the processed legal materials were analyzed using a qualitative analytical method that relies on interpretation. According to this study's findings, the judicial subsystem in Indonesia, which includes the police, the prosecutor's office, and the Supreme Court, has started to implement the notion of restorative justice. Due to the lack of a legislation governing the implementation of restorative justice in Indonesia, institutional or partial rules and guidelines continue to be used when discussing its application. This brings up the issue of sub-system authority imbalance in the criminal justice system, as well as the lack of consistent guidelines for each sub-system to apply restorative justice. As a result, the various proportional institutions within each sub-system face legal uncertainty. Thus, in order to establish legal clarity on the implementation of restorative justice, Indonesia has to enact legislation that specifically addresses this concept, known as RKUHAP.

Analysis of Restorative Justice in Handling School Bullying

The phenomenon of school bullying is widely present in schools in China and traditional criminal justice is too tough on the governance of school bullying. By now, a few cases of school bullying in China are in the form of guilty verdicts, and a large number of cases that do not constitute crimes are solved through school criticism and education. Little consideration is given to repairing the relationship between bullies and their victims whose legitimate interests are supposed to be protected. In this context, the author introduces restorative justice in this paper and studies the implementation of restorative justice in handling school bullying in Japan, so as to summarize successful experiences that can be used for references based on the basic national conditions of China. Conclusions can be drawn that restorative justice aims at restoring community order and reaffirming community values by fixing damaged relationships. In terms of the implementation of restorative justice in school bullying, Japan has a clear classification of juvenile institutions, where great efforts are made to balance the offenders rights and responsibilities. Meanwhile, the rights and interests of victims are considered first when implementing restorative measures. China can learn from these aspects and improve accordingly in the future so that the problem of school bullying can be better solved through the implementation of restorative justice.

Implementation of Restorative Justice in the Legal Area of the State Attorney of Banjar Regency South Kalimantan

Restorative Justice is a criminal settlement that emphasizes justice and creates a balance between the rights of victims and perpetrators. The prosecution has a role to play as the main active element in conducting and creating a result that can resolve a crime and fulfil justice for the victim. This study examines how the enforcement and obstacles and barriers in the implementation of restorative justice as well as the ideal form of the application of restaurative justice in the territory of the State Prosecutor's Office of Banjar Regency Kalimantan South Province.

Upaya Restorative Justice dalam Penanganan Kasus Tindak Pidana Korupsi

The crime of corruption is a form of extraordinary crime which has quite serious damage to the country. The resolution of criminal acts of corruption should place more emphasis on how to restore the condition of the perpetrator so that he does not commit the same act again, then the victim, namely the state who experienced material losses, and the community who were also affected by the crime. This research uses descriptive analytical methods with a normative juridical approach. This research succeeded in finding that an emphasis on resolving crimes through a restorative approach can restore the damage and losses that occur as a result of criminal acts of corruption and prevent perpetrators from stigma and the impact of prisonization which can actually make the situation worse. Current regulations are still unable to accommodate the implementation of restorative justice effectively, so it is necessary to make improvements or create regulations that can make restorative justice efforts the main option in resolving a criminal act of corruption.

Restorative Justice in Education: A Content Analysis of US State Legislation From 2010 to 2020

This study sought to understand how state-level policies inform and promote the implementation of restorative justice in education (RJE). A content analysis of 60 laws revealed that definitions, structures, and supports varied greatly, causing us to question whether policies support a systematic implementation of RJE and how policies can prevent the misuse of RJE as an alternative system of punishment. We recommend that laws clearly define the paradigm shift underlying RJE, and provide sustained support to promote a realignment of policies and practices with attention to incorporating measures of accountability to larger values surrounding equity and justice.

Addressing Interpersonal Harm in Online Gaming Communities: The Opportunities and Challenges for a Restorative Justice Approach

Most social media platforms implement content moderation to address interpersonal harms such as harassment. Content moderation relies on offender-centered, punitive approaches, e.g., bans and content removal. We consider an alternative justice framework, restorative justice, which aids victims in healing, supports offenders in repairing the harm, and engages community members in addressing the harm collectively. To assess the utility of restorative justice in addressing online harm, we interviewed 23 users from Overwatch gaming communities, including moderators, victims, and offenders; such communities are particularly susceptible to harm, with nearly three quarters of all online game players suffering from some form of online abuse. We study how the communities currently handle harm cases through the lens of restorative justice and examine their attitudes toward implementing restorative justice processes. Our analysis reveals that cultural, technical, and resource-related obstacles hinder implementation of restorative justice within the existing punitive framework despite online community needs and existing structures to support it. We discuss how current content moderation systems can embed restorative justice goals and practices and overcome these challenges.

The Essential Role of Human Service Nonprofits in Restorative Justice Policy Implementation

Abstract Evidence demonstrating the essential role of human service nonprofits in restoring justice to communities has led to an increased need in understanding how these nonprofits view their service delivery role in relation to the state in a restorative justice context. Despite the increase in funding dedicated to restorative justice programs and increased collaborations between states and nonprofits, few studies have explored perceptions of collaborative restorative justice roles in state-led initiatives. This exploratory qualitative study uses semi-structured interviews to understand how leaders in these programs view their organization’s roles in restorative justice implementation. The analysis evaluates the variations in perceptions among nonprofits leaders as well as the differences in perceptions between nonprofit versus public managers/policy makers. Results indicate that nonprofit leaders and public managers/policy makers view nonprofits as pivotal to restorative justice policy implementation given their capacity to engage in grassroots problem-solving and develop strengths-based programs.

Implementation of Restorative Justice for Narcotic Abusers: A Case Study in the Takalar Public Attorney’s Office

This research aims to examine and analyze how the Takalar Public Attorney’s Office applies the Guidelines of Attorney General Number 18 of 2021. This research uses an empirical legal research method. All collected data is then qualitatively analyzed to describe the problem and answer the research objectives. The results show that Sofyan Setiawan’s case is the sole example of implementing restorative justice, aligning with the Guidelines of Attorney General Number 18 of 2021 at the Takalar Public Attorney’s Office. The entire legal process, from the drafting of the legal opinion by the Public Prosecutor to the issuance of Letter Number B-230/P.4.32/Es.1/08/2022 by the Head of the Takalar Public Attorney’s Office, demonstrates compliance with formal and material completeness. Instructions for resolving the case were subsequently forwarded to the High Attorney’s Office of South Sulawesi. The progression to restorative justice was documented in Letter Number R-/P.4.4/Enz.1/08/2022, issued by the Assistant for General Crimes on behalf of the Head of the High Attorney’s Office of South Sulawesi. Sofyan Setiawan then effectively underwent rehabilitation from August 3 to December 3, 2022, at the Baddoka Narcotic Rehabilitation Center in Makassar. Therefore, several recommendations can be proposed to the relevant stakeholders. First, the Head of the Takalar Public Attorney’s Office and the High Attorney’s Office of South Sulawesi should collaborate to identify the formal and material completeness criteria enabling broader implementation of restorative justice. Second, the Assistant for General Crimes and the Public Prosecutor are advised to develop a systematic evaluation mechanism to assess the effectiveness of rehabilitation as one of the options for resolving narcotic criminal cases. Third, the Baddoka Narcotic Rehabilitation Center in Makassar and relevant institutions in Makassar are recommended to enhance the capacity of their facilities and rehabilitation services, especially considering the high number of narcotic cases. These measures aim to improve the effectiveness and scope of restorative justice in handling similar cases in the future.

Interpreting the Material Requirements of Recidivism: Realizing Restorative Justice in the Police Force

The implementation of restorative justice in the Indonesian Police Force is conducted by settling the case in the preliminary investigation and investigation stage. There are material requirements that should be fulfilled one of which is that the case is not a recidivism based on a verdict. In practice, this requirement remains unclear. For instance, an issue will arise when a perpetrator who committed a theft then settled with a restorative justice mechanism in a police station but then caught for committing another theft. The problem that emerges is whether the second offense can be still solved by restorative justice in police stations. Considering that one of the material requirements is that the case is not a recidivism according to the court’s verdict whilst restorative justice settlement is not counted as a verdict. This issue requires reinterpretation so that the implementation of restorative justice can provide justice for all parties. The purpose of this research is to re-interpret clearly material requirements in terms of not repeating criminal acts based on judicial decisions for the future implementation of restorative justice in the police station. The research method employs a normative juridical with cases approach whilst the data is analyzed descriptively to describe the material requirements in the form of not repeating a crime based on a court decision in the police stage. The results of the study reveal that in practice repetition of criminal acts must be based on court decisions. The police are still implementing restorative justice for the second criminal act with the condition that the victim and the perpetrator have reconciled. Therefore, it is necessary to deconstruct the meaning of not repeating a crime based on a court decision, so that it is not a repetition of a crime that has been resolved by means of restorative justice in the police. This is so that the recovery goals of restorative justice are achieved. Therefore, it is necessary to deconstruct the meaning of not repeating a crime based on a court decision, so that it is not a repetition of a crime that has been resolved by means of restorative justice in the police phase. This deconstruction is important to achieve restorative justice’s goals.Keywords: crime repetition, restorative justice, Indonesian police force