Implementation Of Restorative Justice Research Articles

THE URGENCY OF THE RESTORATIVE JUSTICE MODEL IN THE ORDER TO HUMANISTIC LAW ENFORCEMENT

Analyzing the urgency of the application of the restorative justice model in the criminal cases settlement in order to achieve humanistic law enforcement and clearly analyzing the implementation of restorative justice in the settlement of criminal cases, is a step to understand more deeply about expecting punishment to achieve justice for the perpetrators, victims, and the community. To achieve that goals, this research uses a normative juridical approach and an empirical juridical approach. The main types of data in this study are primary data and secondary data sourced from literature studies and field studies. Restorative justice is the best solution in resolving criminal cases by providing mediation between perpetrators, victims, and the community to reach a mutual agreement in restoring the rights of the perpetrators, victims, and the community, so it reach an equitable and appropriate justice desired by the parties.

Implementation of restorative justice in medical dispute resolution

Implementation of restorative justice in medical dispute resolution

Implementation of Restorative Justice to Corruption Crimes According to The Perspective of Indonesian Criminal Law And Islamic Law

Restorative settlement seems to be the trend of criminal law enforcement today. The restorative settlement model has been practiced by the criminal justice sub-system ranging from the police, prosecutors to the courts. Restorative settlement is the concept of a settlement where the interested parties meet to resolve the issue together how to resolve the consequences of the violation in the interest of the common future as well. Nowadays new ideas are emerging that the crime of corruption can be solved through restoratife justice. However, there is a need for studies on the application of restoratife justice for corruption crimes both from the aspect of Indonesian criminal law and from the aspect of Islamic law. This research is a normative research that is descriptive-comparative. That is to provide an overview of the application of Restorative Justice in corruption crimes by comparing them according to Indonesian criminal law and Islamic law. The data used are secondary data consisting of primary, secondary and tertiary legal materials. The analysis stage starts from data collection, data processing and finally the presentation of data by pulling deductively knots. The application of restoratife justice in the typist because it has no juridical legal basis, the prosecutor or the police and even the court has no right to represent the victims of state losses, but the community is more entitled. If you really want a restorative application to the crime of corruption, then there is a need for mekenism that must involve public figures more broadly. Similarly, in Islam, corruption is not the same as murder which allows for diyat. Corruption is closer to theft where the law is to cut hands.

RESTORATIVE JUSTICE DALAM PENEGAKAN HUKUM TINDAK PIDANA PENYALAHGUNAAN NARKOBA DI KECAMATAN SENYERANG TANJUNG JABUNG BARAT

This study aims to examine the law enforcement of criminal acts in Indonesia, as a country law, of course enforcement law that doesn't take sides has set in Constitution 1945 Constitution Article 27 paragraph (1) of the 1945 Constitution where everyone is treated same in front law . Restorative justice is an alternative law enforcement approach that prioritizes solidarity, custom and culture, as regulated in the decision letter of the Supreme Court of the Republic of Indonesia concerning application of restorative justice. This study resulted in four things, namely: 1. General description of drug abuse crimes in Senyerang District 2. Efforts made by the Senyerang Pengabuan Police against drug abuse by applying the concept justice restorative justice, 3. Forms of restorative justice on drug abuse 4. MUI decree against eating and drinking containing alcohol/ethanol. The conclusion of the study is that drug abuse is a victim of crime, drug law enforcement can only be carried out with prevention without punishment and rehabilitation methods which are the implementation of restorative justice, drugs can be interpreted as khomar and the law is haram.

The Living Law’s Restorative Justice: Implementation of Restorative Justice as an Integrative Mechanism in Criminal Law

The urgency of this research is the application of local value-based RJ in the community as an integrative mechanism in efforts to resolve disputes or conflicts in the community. This study aims to answer two legal problems, namely: the urgency of implementing RJ by adopting living law in society and the formulation of RJ implementation as an integrative mechanism that adopts living law in society as an effort to settle criminal law. This research is normative legal research by optimizing conceptual and statutory approaches. The results of the study confirm that the urgency of implementing RJ by adopting living law in society is expected so that the criminal justice system in Indonesia can run and be enforced effectively because it is based on living law which originates from people's personalities. The formulation of the application of RJ as an integrative mechanism in the criminal law settlement process is to reform the criminal procedural law through the revision of the Criminal Procedure Code by including the RJ substance which facilitates living law in society. However, because the process of revising the Criminal Procedure Code takes a long time, a transitional legal product can be formed in the form of a SKB RJ which substantially contains the principles, basis and practice of implementing RJ by facilitating living law in society in the criminal justice system.

일본에서의 교정처우·교정교육과 피해자 관여에 관한 최근 동향

The perspective that holding criminals accountable includes making amends or compensating victims through restorative justice remains valid. In order for true social reintegration to occur without victim restoration, it is necessary to consider the victim's perspective during the execution of sentences. From the victim's point of view, interest in the case does not disappear just because the criminal proceedings have ended. Therefore, it cannot be considered reasonable to send the message that the victim should no longer be involved in the process or to withhold information regarding testimony or treatment during the execution of sentence process.
 Recently, Japan has attracted attention by establishing a system that listens to the opinions of victims during the execution of sentences and reflects them in treatment. The system allows for the correctional treatment and correctional education to utilize the emotional state and opinions of the victim if they have expressed interest in participating. Additionally, the system allows the victim to convey their emotional state to the prisoner or juvenile detainee when they desire. Considering the perspective of victim restoration during correctional treatment and education is a balanced and appropriate approach, rather than taking a one-sided view. South Korea should positively consider introducing a system that actively reflects the victim's opinion during execution of sentences and treatment stages by revising the relevant Acts. This legislative decision can create a systemic foundation that will allow for the practical implementation of restorative justice in the treatment process, which has been somewhat lacking in restorative justice's ideals compared to theoretical discussions.

Restorative Justice: An Approach in the Settlement of Land Crimes in the Indonesian National Police

This study examines the use of restorative justice in dealing with land crimes at Police level. Land disputes that were originally civil often turn criminal. Various crimes on land are often under the jurisdiction of the South Sulawesi Regional Police. This study aims to identify and analyze the approach of restorative justice in solving land crimes as a police discretion and the implementation of restorative justice in solving land crimes by Indonesian National Police investigators. The restorative justice approach is part of the Polices discretion to deal with land crimes. The discretion given to police organizations cannot be separated from the universal nature of police law enforcement. This approach empowers the police to explore community values in solving land crimes through restorative justice. Among other things the negotiation of peace between victims and perpetrators of crimes on earth. The application of restorative justice in dealing with crimes on land is carried out through discussions between the complainant and the reported mediated by Indonesian National Police investigators. Afterwards the record of the peace agreement was signed and the report to the police station was cancelled. The application of restorative justice to land crimes aims to restore social cohesion in society. Cohesive values of unity become fragile when legal issues are passed over to pro-justice.

Konsepsi Perlindungan Hukum Terhadap Anak Yang Menjadi Pelaku Dan Korban Kekerasan Seksual Dalam Sistem Peradilan Pidana Anak

The high rate of sexual violence experienced by children in Indonesia is increasing which has become a special concern for both the Central and Regional Governments and the participation of the community. This study aims to analyze the conception of legal protection for children in the Draft Criminal Code (RKUHP) regarding the criminal responsibility of children in the Child Criminal Justice System (SPPA) in Indonesia, where the perpetrators and victims are children. 1. What is the concept of the legal regulation of the RKUHP as a form of protection for children whose perpetrators and victims of sexual violence are children. 2. What are the legal remedies for perpetrators and victims of sexual violence in juvenile criminal justice. The results of the study can be concluded that, the RKUHP is a comprehensive criminal law reform by following the conditions and developments that live in society, imprisonment as far as possible is not imposed if it is found that the defendant is a child and children under the age of 14 (fourteen) years cannot be sentenced. criminal acts and can only be subject to action, on the one hand, the perpetrator remains accountable to the victim. SPPA prioritizes settlement with a restorative justice approach based on the Decree of the Director General of the General Court of Justice Number 1691/DJU/SK/P.00/12/2020 concerning Guidelines for the Implementation of Restorative Justice in the General Courts. In addition, Diversion can also be applied, which is the transfer of the settlement of children's cases from the criminal justice process to processes outside of criminal justice. In the event that Diversion is unsuccessful or does not meet the requirements, the judge seeks a decision with a restorative justice approach as regulated by Law Number 11 of 2012 concerning SPPA, the judge proactively encourages related parties to seek peace while still prioritizing the principle of the best interests of the child and the sentencing process is the last resort while not ignoring the rights of the child.

Implementation of Restorative Justice for Handling of Criminal Acts of Abuse

This article aims to identify and analyze the implementation of Restorative Justice (RJ) in handling criminal acts of persecution and types of criminal persecution committed by RJ. The empirical legal research method is used because it examines its application. The location chosen was the Kuniran Polsek, Probolinggo. The results show that user restorative justice has been carried out in the environment in the Pakuniran Village Regional Police, Pakuniran Police, Probolinggo, East Java -Indonesia. The results show that within one year, more than 10 cases of criminal acts of maltreatment were resolved using a Restorative Justice approach. Success was due to the solid collaboration of FORKOPIMDA and Religious Leaders, Community Leaders, and Youth Leaders in the Pakuniran Village Area, Pakuniran Police, and Probolinggo Police. Collaboration starts from the complaint process, meetings, and until the signing agreement peace among the parties. Meanwhile, the criteria for the types of crimes of persecution that can be carried out by restorative justice are based on the provisions of criminal acts in general, by Article 5 of the Regulation of the State Police of the Republic of Indonesia Number 8 of 2021. Even though the crime of persecution can cause public unrest and lead to social conflict, the Polres Probolinggo could direct RJ to the crime of persecution.

MEASURING RESTORATIVE JUSTICE IN HANDLING TERRORISM IN INDONESIA

Terrorisme is extraordinary crime which penetrates the barriers of religion and state. The crime of terrorism has grown rapidly in Indonesia which can be threatening security on a national or international scale. Terrorism grows because of two fundamental factors, namely economic deprivation and political injustice. So far, the approach to countering terrorism in Indonesia is not encouraging, it is proven that terrorism crimes still occur every year. A repressive approach to enforcing the law of retaliation must be breached with the possibility of opening up opportunities for the implementation of restorative justice in dealing with terrorism, particularly in the criminal justice system. To finish this study, a conceptual and statutory study is carried out so that it gets an adequate discussion. For this reason, it is necessary to enforce laws that are firm and do not benefit either party, by using the Restorative Justice approach which is considered capable of achieving justice in handling cases of terrorism in Indonesia.

Restitution as a Requirement for the Implementation of Restorative Justice Against General Crimes Related to Property

Restitution is a monetary remedy paid by a perpetrator or a third party to a victim or their family. It can be implemented by returning property, payment for losses or suffering, or reimbursement of costs. However, restitution is not applicable to all types of crimes; thus, not all victims have access to it.The issue of legal protection for victims is still an ongoing discourse, and many parties believe that its implementation is still far from perfect and in need of legal reform due to the inability of the perpetrators to pay restitution to the victims. This study uses qualitative methods by examining secondary data such as documents, laws and regulations, scientific findings, and books. This study finds that the application of restorative justice in criminal cases, especially property crimes provides certain flexibility for the community to search for a settlement. The perpetrator paying for restitution is an absolute requirement for restorative justice in settlement of property-related crime as an alternative to the conventional court proceeding. Moreover, the perpetrators, victims, and the community can all be involved in a discussion process to reach a consensus regarding a solution to a conflict avoiding harming any parties, for instance, a settlement without punishment.
 Keywords: restitution, restorative justice, criminal act, property

Implementation of Restorative Justice on Elderly Actors in Criminal Law Enforcement Based on Justice Value in Indonesia

This study aims to analyze regulations related to the formulation of regulations on the application of criminal sanctions against elderly perpetrators, which at this time it is still possible to be sentenced to imprisonment which causes injustice to elderly people. So, it needs fair law enforcement. This study uses the constructivism paradigm, the type of research in the form of doctrinal law, and a juridical -normative approach. The data used in this study are secondary data obtained by conducting literature studies on various regulations and books, research results and various journals. The data obtained was then analyzed using a qualitative descriptive method. The results of this study are that criminal sanctions against elderly perpetrators (elderly) are still considered not fulfilling the principle of justice because the elderly factor as a judge's consideration in sentencing must look at Indonesia's positive legal arrangements, namely the Criminal Code. For now, the Criminal Code does not specifically regulate the factor of old age as a judge's consideration in sentencing. Thus, for criminal cases involving the defendant who is an elderly person, in applying positive law, the judge must look at the values and sense of justice that grow in society. The values here are related to social values that exist in society, namely, what is desired that influences social behavior and has a functional power in the development of life that has been going on for a long time in the habits of behavior in everyday life, while the sense of justice that grows in society reflects the form of the balance of social values in society in law. Weaknesses related to regulatory arrangements for the application of criminal sanctions against elderly offenders (elderly) at this time since the Criminal Code still adheres to a retributive system and the Restorative System has not yet been regulated. Justice in the Criminal Code Against Elderly Actors. Weaknesses in terms of legal structure due to factors Law Enforcement Officials tend to have a positivistic view of law and the rights of the elderly in the criminal system are still neglected. Weaknesses in terms of legal culture are due to the Psychological Consideration Factors of the Elderly and the Legal Awareness factor of the Elderly Community which is still lacking.

Implementation of Restorative Justice on Elderly Actors in Criminal Law Enforcement Based on Justice Value in Indonesia

Implementation of Restorative Justice on Elderly Actors in Criminal Law Enforcement Based on Justice Value in Indonesia

“Positive Discipline Doesn’t Sound Like Discipline”: Experiences with Restorative Justice Implementation

ABSTRACT Restorative justice is an increasingly common discipline policy, as schools grapple with historic inequities in traditional exclusionary discipline. This mixed-methods study examines the implementation of restorative justice in 28 intentionally diverse charter schools in five jurisdictions in the U.S. Qualitative findings suggest a range of factors at play during implementation including capacity, buy-in and how intent is interpreted. They are reflected in our quantitative results where we find that suspension rates in the sample schools are lower in only three out of five jurisdictions and that reductions may serve to decrease racial/ethnic gaps in only two out of five jurisdictions.

Victimological Review of the Implementation of Restorative Justice in Criminal Case

The purpose of writing this article is to find out and analyze the role of the prosecutor in applying the concept of restorative justice, what is the relevance of the concept of restorative justice to victimology and whether the principles of restorative justice are able to provide a sense of justice for victims. The method used in this study uses normative legal methods. The issuance of the Prosecutor's Regulation of the Republic of Indonesia Number 15 of 2020 concerning termination of prosecution based on restorative justice provides an important role for the Prosecutor's Office in carrying out restorative justice. The concept of Restorative Justice has relevance to victimology, referring to the Regulation of the Attorney General of the Republic of Indonesia Number 15 of 2020 concerning Termination of Prosecution Based on Restorative Justice. On the victim's side, restorative justice provides the power to give opportunity to perpetrators to express their grief to victims and it should be easier for them to gather in professionally conducted meetings..

Does International Law Acknowledge Restorative Justice?

Global criminal political considerations are strengthening national laws to realise Restorative Justice for the achievement of recovery for victims, perpetrators and the social order of society. The perspective of Restorative Justice can not only be seen from the concept of national law but of course, it can also be seen from the perspective of International Law. One form of Restorative Justice includes Diversi in the Juvenile Criminal Justice System, where Diversi is the result of International Conventions, one of which is the United Nations Rules for The Protection of Juvenile Deprived of Their Liberty (UNRPJ). This paper focuses on the principle that the purpose of criminalising and rectifying criminals is not only a national problem by a particular state but also a general problem by all countries. The research uses a Normative Juridical method with a statute approach, concept and doctrine approach. This research specifically how the contribution of international law in strengthening the ideas and values of Restorative Justice, and its conclusion, restorative justice in the development of criminal policy needs to be given a special space, namely given space for the implementation of restorative justice through policy modify which of course puts forward the idea of recovery for victims, perpetrators and also the community. Restorative justice is familiar in international law, even via the UN congress greater than as soon as it has issued thoughts of struggle by promoting restorative justice. An extra humanist purpose is to be the primary character of international law, as is the precept of worldwide law that each conflict that arises requires a decision that has to be primarily based on humanity.

Victimological Review of the Implementation of Restorative Justice in Criminal Case

Victimological Review of the Implementation of Restorative Justice in Criminal Case

The possibility of using mediation in the work of a school counsellor

Despite the growing recognition of mediation in schools and the increasing introduction of alternative methods of dispute resolution, mediation in schools is neither a common nor a standard method of conflict resolution and restorative justice implementation. The aim of the article is to review the possibilities offered by the use of mediation in the work of a counsellor. The review of literature presented in the article oscillates around the tasks of a school counsellor, the organization of mediation in school, the potential of mediation and mediation practices used in the work of a school counsellor, as well as their effectiveness. The review includes articles by both Polish and foreign scientists pointing to the effectiveness of the introduction of mediation practices. The results of the review indicate high variability in the implementation and evaluation of mediation practices and the implementation of restorative justice postulates in schools. At the same time, most studies have shown positive results of introducing mediation solutions, in particular maintaining favourable personal relations despite the occurrence of a dispute, as well as limiting the frequency of referring a dispute to resolution in formalized disciplinary or court proceedings. Possibilities of using mediation in the work of a school counsellor as a method of personal development in the field of interpersonal communication, as well as a method of preventing violence and a tool to help in fulfilling the tasks entrusted to a school counsellor were discussed. In addition, the article shows the future directions of research in the field of alternative methods of dispute resolution in the school environment.

Philosophy Concept of Restorative Justice in Handling Juvenile Delinquent

Restorative justice in handling juvenile delinquent occurs because of the juvenile justice system growth. The increasing number of institutions that guarantee the rights of children in juvenile delinquent at the courts has led more implementation of the criminal justice system that applies restorative justice. Alignment between the 2000 UN declaration as the main principles regarding the use of restorative justice programs in criminal matters, the Vienna Declaration on crime and justice, the XI UN congress in 2005 on crime and criminal justice as a basis for researchers who passionate to examine how philosophical concept of restorative justice in juvenile delinquent and how the mechanism for applying restorative justice in juvenile delinquent uses normative juridical research. After conducting research, the philosophical concept of restorative justice in handling juvenile delinquent can be seen from before the rise of Law Number 3 of 1997 concerning Juvenile Court which refers to the provisions of the Criminal Code Articles 45, 46, and 47 which contain the authority of judges in making decisions regarding types of crimes, types of punishment and the length of punishment for children, Law Number 3 of 1997 concerning Juvenile Court and Law Number 11 of 2012 concerning the Juvenile Criminal Justice System. In line with the philosophy of the mechanism for the application of restorative justice in handling juvenile delinquent, there are several regulations in Indonesia such as the Supreme Court Regulation Number 4 of 2014 concerning Guidelines for Implementing Diversion in the Juvenile Criminal Justice System, Government Regulation Number 65 of 2015 concerning Guidelines for Implementing Diversion and Handling of Children who have not 12 years old and a certificate from the Director General of Badilum Number 1691/DJU/SK/PS.00/12/2020 dated 22 December 2020 concerning Guidelines for the Implementation of Restorative Justice in the General Courts.

Restorative Justice in the Implementation of Diversion Against Child Criminal Victims

One solution that can be taken in handling cases of child crime is a restorative justice approach. Therefore, Police investigators are required to have the right options to carry out diversion activities in handling child criminal cases. The purpose of this study was to examine the implementation of restorative justice by North Lampung Police investigators and the victims’ in carrying out diversion. The method used in this study is the normative legal method. The approach used is an empirical juridical approach, in this case relating to the implementation of restorative justice in the implementation of diversion against victims of child crime. This research conducted in Polres Lampung Utara, Indonesia. Based on the results of the study, it was concluded that restorative justice refers to the second precept in Pancasila and carrying out the investigation based on the provisions of KUHAP, Law concerning the Juvenile Criminal Justice System, Law concerning Child Protection and Law concerning Child Protection. Meanwhile, the implementation of restorative justice is to prevent the repetition of criminal acts committed by children and keep children away from the negative influences and implications of the judicial process. The inhibiting factors are the lack of coordination between agencies carrying out diversion at the investigation level, understanding of the meaning of diversion, lack of public trust in the rules for implementing diversion and regulations regarding supervision of the implementation of the results of the diversion agreement.