Implementation Of Restorative Justice Research Articles

Restorative Justice for Children in Conflict with the Law in Narcotics Cases

The aim of this study is to examine the implementation of restorative justice for juveniles involved in narcotics cases within the context of law enforcement. The research adopts a normative legal approach with a descriptive nature, focusing specifically on the analysis of the ambiguity within Article 82 of Law Number 11 of 2012 regarding the Juvenile Criminal Justice System. Both statutory and conceptual approaches are employed in this legal inquiry. The findings reveal that efforts to address narcotics-related offenses among juveniles are pursued through a combination of non-penal and penal policies. Non-penal measures involve preventive and repressive strategies, including counseling, awareness campaigns, distribution of informative materials such as pamphlets and billboards, engagement with traditional and religious leaders, and community guidance. In conclusion, this research underscores the necessity of integrating restorative justice principles into the handling of juvenile offenders involved in narcotics cases. It emphasizes the importance of a multifaceted approach that encompasses both preventive and punitive measures within the legal framework.

Decolonization and Restorative Justice: Addressing Canada’s Indigenous Incarceration

Mass incarceration of Indigenous people has been well documented in Canadian prisons. It represents a national crisis resulting from the government's failure to eradicate the ongoing colonization problem and poses a threat to the sustainability of Indigenous people and their communities. The government's response includes the landmark Gladue decision, which essentially recognized mass incarceration as a crisis and required judges to consider the background of Indigenous offenders when sentencing, as well as the process of decolonizing the prison by introducing programs that teach Indigenous culture and history. However, both these responses have not effectively addressed the problem. In this paper, I argue that the Canadian government's response to the over-incarceration of Indigenous people represents a human rights issue that the Gladue Report has not alleviated because the report has not been implemented in a meaningful manner during bail hearing or sentencing. Therefore, the government should consider an alternative measure that returns to the traditional Indigenous law through the implementation of restorative justice, which has been proven to be effective.

RESTORATIVE JUSTICE IN THE RESOLUTION OF SEXUAL CRIMES IN MEDAN CITY

Objective: Objective study This is the application of restorative justice to resolving sexual crimes in the city of Medan. One important aspect of implementing restorative justice is the development of a different mindset in the justice system. This system rejects the conventional view, which only views the perpetrator as the object of punishment and the victim as the party who has the right to obtain justice through sanctions against the perpetrator. In contrast, a restorative approach sees perpetrators as individuals who can take responsibility for their actions and have the potential to improve themselves. Apart from that, victims are also considered an integral part of the recovery process, and the community is given a more active role in supporting this process. Methods: As for the method of study This is a qualitative study, and research qualitative is a research method used to understand social phenomena in depth. The researcher used a case study because it allowed them to gain a deep understanding of the context, process, and complexity of the phenomenon being studied. Type study This possible researcher will dig for perspective, experience, and possible meaning hidden in the data collected related to restorative justice in resolving sexual crimes in the city of Medan. Then the researcher analyzes or draws an interesting conclusion to find an answer from the researchers thorough. Conclusions: Results from the study show that the implementation of restorative justice for sexual harassment cases in Medan faces a number of challenges involving complexity, sensitivity, and perceptions of justice. Findings from observations and interviews with court officials show that the use of restorative justice in this context is still rarely adopted. The main factors causing this low adoption involve the complexity of sexual assault cases, a lack of understanding of restorative justice, and concerns about the safety and protection of victims.

THE IMPLEMENTATION OF RESTORATIVE JUSTICE FOR NARCOTICS ADDICTS BASED ON LEGAL BENEFITS

Narcotics addicts are "self victimizing victims", because narcotics addicts suffer from dependence syndrome as a result of their own narcotics abuse. The purpose of writing this article is to analyze the current law enforcement against narcotics addicts and the implementation of restorative justice for benefit-based narcotics addicts. This type of legal research is normative juridical research. Crimes related to narcotics include special crimes, where the provisions used include special provisions of the law. Narcotics crimes are called special crimes, because narcotics crimes do not use the Criminal Code (KUHP) as the basis for regulation, but use Law No. 35 of 2009 concerning Narcotics. Narcotics addicts and victims of narcotics abuse are not solely seen as perpetrators of criminal acts, but also as victims, where the implementation of rehabilitation is part of an alternative punishment. The drug users as victims of narcotics crimes must be restored / cured and not to be imprisoned. Restorative justice for drug users can save their future. Even though their past and present have been lost as a result of the drug abuse.

Comparison of Restorative Justice Implementation in Indonesia, Usa, Germany, Poland and Switzerland

Purpose: The purpose of this research is to compare and contrast the utilization of penal mediation within the criminal justice system as an implementation of restorative justice. Theoretical framework: The perpetrator may be required to participate in a structured employment initiative to accumulate funds to fulfill their financial obligation towards restitution. Methods: The research methodology employs statutory-based normative legal research utilizing secondary data sources in the form of legal materials. Results and Conclusion: The findings indicated that penal mediation is implemented in Indonesia for trivial offenses, juveniles involved in legal proceedings, and first-time offenders. Furthermore, within the United States, penal mediation is implemented at the state level. This is achieved through various means such as community panels, restitution programs, victim awareness education, alternative school expulsion alternatives, diversion programs, and victim and offender mediation. Research implications: Furthermore, in Poland, penal mediation is implemented for offenses carrying a maximum sentence of five years in prison. Following the conclusion of the penal mediation process, both the agreement's outcomes are monitored, and a rationale for the dismissal of the prosecution is established. Originality/value: In contrast, Switzerland practices penal mediation due to the lack of empirical evidence supporting the efficacy of incarceration. The procedure of restorative justice is executed using a variety of implementation models.

LEGAL PROTECTION AND RESTORATIVE APPROACH IN HANDLING CHILDREN INVOLVED IN TERRORISM CRIMES IN INDONESIA

This study examines the implementation of restorative justice in handling children involved in terrorism crimes in Indonesia. Restorative justice, which focuses on rehabilitating and reintegrating individuals into society, is a relevant approach to rehabilitating children involved in criminal acts of terrorism. The concept also allows community and victim participation in the settlement process. The study uses normative legal and analytic philosophical approaches. Although restorative justice has the potential to handle terrorism cases involving children, its implementation still faces challenges and requires cooperation from various parties. The research emphasizes that restorative justice should be part of a broader strategy in protecting children from involvement in terrorism, involving effective education, early intervention, and support for families and communities vulnerable to extremist influences. This study also emphasizes that implementing restorative justice in the context of criminal acts of terrorism involving children poses significant challenges and requires cooperation between various parties, including the legal system, educational institutions, families, and communities. The research argues that restorative justice should be an integral part of a broader strategy that involves effective education about the values of peace and tolerance, early intervention to detect and prevent radicalization, and support for families and communities vulnerable to extremist influences.

The Urgency of Restorative Justice Regarding Customary Criminal Violations: Harmonization Between Customary and National Criminal Laws

<p class="TableParagraph"><em>Indonesia is rich in cultural and traditional diversity, including a variety of customary laws in different regions. Conflict often arises between customary laws and national criminal laws. Restorative Justice is an important approach to resolving this conflict, with a focus on reconciliation rather than punishment. This research aims to understand the implementation of Restorative Justice in the Indonesian context, identify its positive and negative impacts, and contribute valuable insights to international discussions on legal conflicts in culturally diverse societies. Normative legal research methods and document analysis are used for this study. The findings suggest that the implementation of Restorative Justice in resolving violations of customary criminal laws in Indonesia has the potential to enhance harmony between customary and national criminal laws. Necessary steps include establishing a dedicated restorative justice judicial system, involving local communities, fostering collaboration between authorities of customary and national criminal laws, and conducting extensive public education. However, it is crucial to consider both the positive outcomes, such as community relationship restoration and reduced burdens on the criminal justice system, and the negative impacts, including potential justice disparities and implementation challenges. Therefore, the integration of restorative justice needs to be carefully aligned with principles of justice, respect for customary culture, and the protection of the rights of vulnerable victims and offenders.</em></p>

Restorative justice in the ecuadorian criminal system: a systematic approach

The objective of this article is to carry out a systematic review of the implementation of restorative justice in the context of the Ecuadorian criminal system. Fundamental aspects will be addressed, including its legal framework, the approaches adopted, the results obtained and the challenges faced in practice. This study seeks to understand and critically evaluate the effectiveness and impact of restorative justice in the judicial system of Ecuador, exhaustively analyzing the policies, programs and procedures applied in this area.

APPLICATION OF RESTORATIVE JUSTICE IN TRAFFIC ACCIDENTS CASES

This research aims to explain the efforts and factors that influence the implementation of restorative justice in traffic accident cases at the Banda Aceh Police Traffic Unit. The research results show that the application of restorative justice in resolving traffic accident cases is carried out by investigators after there is peace between the perpetrator and the victim's family. This is done before the Investigator sends a Notification Letter of Commencement of Investigation to the Public Prosecutor so that the case is not continued. Factors that influence the implementation of restorative justice consist of two factors, namely law enforcement and community cultural laws. The law enforcement factor is the lack of knowledge and understanding of investigators regarding applicable laws and regulations. Community legal culture factors are related to religion, values, attitudes and behavior in people's lives so that they influence decision making to resolve traffic accident cases experienced through restorative justice. We hope that traffic accident unit investigators from the Banda Aceh Poresta Traffic Unit can increase their knowledge and understanding of procedures for handling traffic accidents through restorative justice. So that the application of restorative justice in resolving traffic accident cases can be carried out in accordance with the procedures for resolving cases based on the provisions of applicable laws and regulations.

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.