Justice Paradigm Research Articles

Dimension of Justice in Restorative Justice Paradigm in the Criminal System for Sexual Violence in Indonesia

Abstract The act of sexual violence is a crime that is classified as a violation of human rights (HAM). The increase number of sexual violence cases in the world, including Indonesia, shows that the current justice system is unable to guarantee justice for victims, and most importantly recovery for victims. For this reason, a justice restoration approach is needed as an alternative in law enforcement against sexual crimes. Practically, marriage used as a way to approach justice restoration. This article used normative and juridical approach to discuss law enforcement on sexual crimes through restorative justice approach. It can be concluded that law enforcement on sexual crimes should observe based on criminology, victimology and ontology aspects, in order to be able to place the problem objectively. As a complaint offense, sexual crimes may not be passed on to criminal process, if there is peace between the victim and the perpetrator, provided that there is an agreement among the victim, perpetrator, family and society without coercion from various parties. The main focus in restorative justice of sexual crimes is to provide protection and assistance to victims from various parties, thus, the victims can be released from trauma or psychological impact that caused by sexual violence experienced by the victim or the impact received after the occurrence of sexual crime.

Determining Indicators Related to Land Management Interventions to Measure Spatial Inequalities in an Urban (Re)Development Process

Nowadays, urban sprawl, urban densification, housing shortages, and land scarcity are some problems that intervene in the practice of urban planning. Those specific problems are currently more than ever emergent because they imply the notion of spatial justice and socio-spatial inequalities. Hence, it seems necessary to promptly research and describe these from a new and different perspective. Thus, we consider the Institutional Analysis and Development to define a conceptual framework to assess spatial justice. We simplify it into a three-dimensional model (rule, process, and outcomes) in which a matrix of indicators applies on each level. We elaborate the indicators to measure spatial inequalities in an urban development project, for which the reason we refer to the egalitarian paradigm of spatial justice. While spatial inequalities raise questions about land management, we elaborate those indicators related to three land management interventions: the use, access to, and redistribution of land use.

Penyelesaian Perkara Anak yang Berhadapan dengan Hukum Menurut Undang-Undang No. 11 Tahun 2012

The repressive juvenile justice paradigm has begun to be abandoned and replaced by the concept of solving a child criminal case with a restorative concept that views all parties, perpetrators, victims, and communities having equal opportunity to resolve conflicts caused by a crime. The restorative concept is in conformity with the conventions agreed upon by countries in the world in the Convention on the rights of the child in 1990 with international instruments including Beijing Rule dated 29 November 1985. The study of the crime against children in Islam has existed before the rule of the child in the ancient conventional low. The objective of punishment in Islam is not only to recognize the retributive objectives as the main objective in criminal prosecution but also to recognize other objectives such as the rehabilitation of the perpetrator and also the restorative between the perpetrator and the victim. Here is the interesting thing that will be studied comprehensively related Maqasid Al Syari’ah in applying restorative justice especially in case of child face to law. See the complexity that accompanied restorative justice in children facing the law, the authors are interested to examine the settlement of lawsuits children in accordance with the law no 11 of 2012 analysis Maqasid Al syari’ah this research is library research, descriptive analysis and analyze data qualitative with inductive method. The approach used is normative juridical, by looking at restorative justice in the penal law of Indonesia, this research aims to know the value of Maqasid Al Syari’ah in process of settlement of child crime case and examining view of Islam law to restorative justice value contained in law no 11 of 2012. After the research, it can be conclude that the application of restorative justice has long been adopted in the Islamic legal system, precisely on qiyas-diyat criminal acts. In the context of children, the application of restorative justice is more accommodated, given the urgency and for the benefit of the child as the nation’s successor. Whereas in viewing restorative justice in the SPPA act indicates the existence of reconciliation effort of forgiveness, correction of relationship, there is also structural responsibility as balancing individual responsibility, all of which obviously accommodated in the purpose of punishment Al-isti’adah.

Reproducing injustice: Why recognition matters in conservation project evaluation

Following critiques of the global environmental justice paradigm, a ‘critical’ environmental justice scholarship is emerging. This article contributes to this important field of inquiry by interrogating project evaluation through a critical recognition justice lens that draws on political ecology. We use an embedded case study of the official donor evaluation of a REDD+ pilot project in Tanzania; comparing narrated accounts of the project recipients' experiences with the official evaluation documents and asking whose ways of knowing, values, and perspectives on governance and justice are recognized and whose are excluded. We find that the report represents a narrow framing of the project experience, based on standard evaluation criteria, the technical framing of the project, and the ways of knowing, values and perspectives of the (inter)national conservation community. The project framings of many local-level project recipients are not recognized in the official evaluation, despite attempts to include villager perspectives and some consideration of justice-related outcomes in the report. Project evaluation is therefore identified as a vehicle for recognition justices and injustices, discursively reproducing the ways of knowing, values and perspectives of certain actors while excluding others. The role of project evaluation in the proliferation of dominant conservation discourse is identified, and the ability for standardized evaluations to deliver meaningful learning is challenged. We therefore call for a reframing of project evaluation and highlight the potential of incorporating critical environmental justice scholarship and pluralistic methodologies.

Restorative Justice And Law Protection For Parents And Children : Case Of Human Trafficking In Indonesia

This research aims to analyse criminal law supremacy in a case of fighting against human trafficking. The problem of criminal law that relates to child trafficking is extremely serious and never-ending in this country. This case becomes an evaluation to reconsider the criminal law enforcement in Indonesia. Several legal solutions are executed by criminal law enforcement within the collaboration with the social communities and other countries to handle the problem of child trafficking. The concept of restorative justice and civil law protection is needed to be implemented by involving all parties, including parents as a family member. This study uses legal research as an approach and to gather the data; a legal settlement in handling child trafficking involves children and parents. Throughout this study, normative and empirical juridical approaches are used. It can be a great compatible recommendation and solution for handling the increase of child trafficking. On the other hand, from this study, it can be seen that the performance level of the individual that concerns on law enforcement process in Indonesia has implemented the paradigm of restorative justice in criminal law enforcement based from data that show an increase of child trafficking. Indicators of criminal law enforcement as a baseline to solve the child trafficking problem are about the level quality of legal protection of children. The role of family, law enforcement, government, NGO and social community leaders is very crucial to maintain the effectiveness of restorative justice and law protection of children involved in human trafficking in Indonesia. The involvement of parents by selling their children or getting their children as an entity in case of debt transaction causes the weakness of restorative justice and law protection of children in the problem of child trafficking. The significant results from this research are that criminal law enforcement against child trafficking that involves parents can improve the legal protection for future criminal law enforcement in Indonesia.

Transitional archives: towards a conceptualisation of archives in transitional justice

ABSTRACT This paper seeks to trouble and complicate core assumptions about transitional justice and archives and to critically examine the relationship between them. Understanding archives as a mere instrument of human rights obscures the silence of disenfranchised voices and the workings of power and exclusion that foreground the practice and discursive conditions of the transitional justice and human rights paradigms. Records about conflict and dictatorship are like records in general never only a reflection of realities, but they constitute these realities. 1 Following Harris’ plea to find ‘exigencies’ 2 to the transitional justice paradigm it suggests the term transitional archives to highlight the multi-layered afterlife of human rights records. It thereby emphasises the open-ended nature, ‘the in-becoming’, 3 of transitional archives. It argues that by including critical archival studies in our thinking of transitional justice and a violent past, we can push beyond the dominant discourse of healing, closure and reconciliation, and open up space to investigate not only how the past but also transitional justice itself is produced at the intersection of power, memory, narrative and violence.

Professional and Ethical Standards in the Activity of a Mediator: Problems of Implementation and Control

The article presents the experience of the Kemerovo region in creating system for training mediators in the Kuzbass Centre for Psychological and Educational, Medical and Social Care. The authors reveal the genesis and the main conceptual, methodological and technological aspects of the development of a regional model to train mediators for the educational system of Kuzbass. In conceptual and methodological terms, training mediators is based on a restorative approach and a transdisciplinary paradigm of restorative justice. The system of training mediators includes: training the skills of restorative technologies within additional professional educational programs of refresher courses; monthly methodological seminars for mediators and curators of reconciliation services in the region, supervision and intervision sessions for restorative programs’ facilitator; training programs for young volunteer mediators of school reconciliation services. The authors highlight the main risk factors and conditions for the effective work of mediators in difficult school, family and criminal situations, and the possibility of taking risks into account when training mediators and curators of reconciliation services. For the effective training of a mediator – restorative programs’ facilitator, it is important to focus on mastering: the principles of a restorative approach and the procedure of restorative mediation, the position of a mediator, technologies for conducting restorative programs (restorative mediation, community circles, a family conference, a school conference, a school-parent council, preventive restorative programs), skills of restorative communication, legal framework of reconciliation services in Russia. Monitoring data on the activities of the reconciliation services in Kuzbass on the implementation of restorative programs show a good level of training of mediators

Paradigma Keadilan Restoratif Dalam Putusan Hakim

Discriminatory treatments of judges have dominated the reports to the Judicial Commission. Injustice, in fact, is one of the lowest value attitudes of judges according to Judicial Commission assessment results. Indeed, showing justice is not easy for judges but to date in its development appears restorative justice that provides justice for all parties. Its future existence and response are interesting to be criticized. Based on this, the purpose of this study is to examine the paradigm of restorative justice in making legal decisions of judges on legal cases and the construction of the judges’ decisions which are paradigmatic in Restorative Justice. This research uses normative legal research with four types of approaches, which are case approach, legislative approach, conceptual approach, historical approach, and comparative approach. The results of the study show the restorative justice paradigm prioritizing restoration or amelioration will seek to provide justice, certainty and usefulness of the law, as well as realize progressive and responsive laws, and this makes it appropriate to be used as a judge’s paradigm in deciding a case. In constructing restorative justice-based judges’ decisions, judges do only make decisions based on the Criminal Procedure Code (KUHAP), but substantially, through the restorative justice paradigm the judges will consider justice for all parties (victims, perpetrators of crime, and the public). Judges do not make decisions based on retributive or retaliation goals but hold on to the values, concepts, principles, and basics of restorative justice prioritizing restoration or amelioration of the parties, meeting the needs of the parties, and prioritizing expediency.
 
 Discriminatory treatments of judges have dominated the reports to the Judicial Commission. Injustice, in fact, is one of the lowest value attitudes of judges according to Judicial Commission assessment results. Indeed, showing justice is not easy for judges but to date in its development appears restorative justice that provides justice for all parties. Its future existence and response are interesting to be criticized. Based on this, the purpose of this study is to examine the paradigm of restorative justice in making legal decisions of judges on legal cases and the construction of the judges’ decisions which are paradigmatic in Restorative Justice. This research uses normative legal research with four types of approaches, which are case approach, legislative approach, conceptual approach, historical approach, and comparative approach. The results of the study show the restorative justice paradigm prioritizing restoration or amelioration will seek to provide justice, certainty and usefulness of the law, as well as realize progressive and responsive laws, and this makes it appropriate to be used as a judge’s paradigm in deciding a case. In constructing restorative justice-based judges’ decisions, judges do only make decisions based on the Criminal Procedure Code (KUHAP), but substantially, through the restorative justice paradigm the judges will consider justice for all parties (victims, perpetrators of crime, and the public). Judges do not make decisions based on retributive or retaliation goals but hold on to the values, concepts, principles, and basics of restorative justice prioritizing restoration or amelioration of the parties, meeting the needs of the parties, and prioritizing expediency.
 

Truth Revelation Procedures as a Rights-based Alternative to the Politics of (Non-)Memory

This article offers a socio-legal reflection on the relation between law, state obligation, and attempts to institutionalize collective memory. As the question of memory institutionalization becomes most pertinent in the context of regime change that imposes on an incumbent government certain expectations for addressing the past, the article considers this research problem from the perspective of transitional justice theory. The transitional justice paradigm allows for an interdisciplinary consideration of the topic. Special attention is paid to legal norms and mechanisms directed towards establishing authoritative knowledge about the past. The emerging principle of the right to truth is presented as an integrating and rights-based perspective from which to approach societal demands for acknowledging injustices of the past. Measured against the fundamental rights that lie at the heart of transitional justice theory, three types of truth revelation procedures are presented. The article shows that the relationship between law and memory – which is often reduced to one of political instrumentalization – should, in accordance with the values of a liberal democracy, be reframed from the perspective of individual and collective rights. The article seeks to contribute to the field of memory studies in the social sciences by exposing functions of legal norms and mechanisms that are often overlooked when discussed from the perspective of the politics of memory.

High retention in an opioid agonist therapy project in Durban, South Africa: the role of best practice and social cohesion

BackgroundMoral conservatism within government and communities has resulted in a reluctance to support the provision of opioid agonist therapy for people with opioid use disorders in South Africa. In April 2017, South Africa’s first low-threshold opioid agonist therapy demonstration project was launched in Durban. The project provided 54 low-income people with heroin use disorders methadone and voluntary access to psychosocial services for 18 months. At 12 months, retention was 74%, notably higher than the global average. In this paper, we aim to make sense of this outcome.MethodsThirty semi-structured interviews, two focus groups, ten oral histories and ethnographic observations were done at various project time points. These activities explored participants’ pathways into drug use and the project, their meaning attributed to methadone, the factors contributing to project success and changes they experienced. Recordings, transcripts, notes and feedback were reviewed and triangulated. Key factors contributing to retention were identified and analysed in light of the existing literature.ResultsThe philosophy and architecture of the project, and social cohesion were identified as the main factors contributing to retention. The use of a harm reduction approach enabled participants to set and be supported to achieve their treatment goals, and was shown to be important for the development of trusting therapeutic relationships. The employment of a restorative justice paradigm provided a sense of acceptance of humanity and flaws as well as an imperative to act responsibly towards others, fostering a culture of respect. Social cohesion was fostered through the facilitation of group sessions, a peace committee and group sport (soccer). In concert, these activities provided opportunities for participants to demonstrate care and interest in one another’s life, leading to interdependence and care, contributing to them remaining in the project.ConclusionsWe believe that the high retention was achieved through attraction. We argue that opioid agonist therapy programmes should take the principles of harm reduction and restorative justice into consideration when designing low-threshold opioid agonist therapy services. Additionally, ways to support cohesion amongst people receiving agonist therapy should be explored to support their effective scale-up, both in low-middle income countries and in high-income countries.

Inclusión de la variable espacial en la medición de las condiciones relativas de vida en ciudades mexicanas

The most widely used methods to measure the relative living conditions of the population (CRVs) (e.g. marginalization, poverty, social deprivation, human development), have been the basis for the design of social policies in Mexico and several Latin American countries. These predominant methods exclude the active role of space as a distributor and redistributor of welfare opportuni-ties derived from strategic public services located in specific points in the territory (e.g. education and health services). They omit the basic fact that the supply and demand of these services must usually interact in the territory to generate benefits. As if the CRVs were molded in a non-place(Campos, 2009). The Spatial Justice paradigm incorporates space as a key redistributive agent of resources and opportunities among society (Soja, 2014). This work has the following objectives: i) Propose, from the paradigm of Space Justice, a method of measuring CRVs that authentica-lly and operationally incorporates the spatial dimension; and, ii) demonstrate the conceptual, analytical and applied superiority of our Socio-spatial method to measure the CRVs, with respect to traditional Non-Spatial methods.

The informal justice paradigm and the appropriation of ‘local reality’

This article traces the emergence of a new paradigm within rule of law assistance and the forms of appropriation that operate through it. An informal justice paradigm promotes external support to non-state justice as more sensitive to local aspirations and as a more efficient form of intervention. I problematise this paradigm by unpacking both its discursive premises and the actual mechanisms through which aid to informal justice can take place. I argue that the celebrated sensitivity to local context, contrary to assertions, in the last instance empower outside experts, whose mandate it becomes to validate ‘local reality’ and render it amendable for intervention. In sum, the informal justice paradigm enables a parallel form of governance where national institutions are deemed optional at best and irrelevant at worst, where ultimate authority is exercised by international expertise and where accountability to the local population is, on the whole, eroded.

The Dynamic Interpretation of Pancasila in Indonesian State Administration History: Finding Its Authentic Interpretation

Introduction to The Problem: The term interpretation of Pancasila seems rarely used to measure the substance of the Pancasila as the Indonesian nation’s weltanschauung . The term interpretation refers to the concept of constitutional and cultural meaning so that the order of civic life is in the same direction and under the paradigm of God, humanity, unity, society, and social justice. After the amendment of the 1945 Constitution, the Indonesian constitution has faced many changes. The changes that occurred are to creating a democratic governmental order. Even though the democratic rule of the government has surfaced, one thing for sure is that Pancasila is strengthening the form of Indonesia’s foundation. Because philosophy, enthusiasm, ideas, and thoughts of the nation’s life are determined by the underlying weltanschauung . Purpose/Objective Study: This study is trying to find the authentic interpretation of Pancasila based on its dynamic interpretation throughout Indonesian history. Design/Methodology/Approach: To answer these problems, the method used in this study is normative research with a conceptual approach so that interpretation is obtained by the paradigm built by the nation’s founders. Findings: By referring to library materials, the conclusion that can be drawn from this research is Pancasila , which is misinterpreted rigidly and is state-oriented to castrate the meaning of Pancasila as a public view of life. Then with the strong tendency of legal-formal interpretation so that it eliminates its substantive nature as weltanschauung or national outlook on life so that Pancasila loses its vital in the present state of life in Indonesia .

New Wineskin of Conflict Resolution: Conditions of Change in the Parable on Wineskin

The biblical treasury has inspired people throughout millennia to ponder questions regarding their lives. Changing circumstances is a typical feature in the western societies today and elementary conditions of it are of urgent importance to many. The parable on wineskin offers inspirational reading in grasping some of these realities. This paper analyses conditions of change that the parable on wineskin informs of in the light of a change from the prevailing retributive justice paradigm to a more restorative one. Restorative justice proposes a method that takes into account the two parties involved in the conflict, and their individual needs, rather than any preset laws or procedural codes. Restorative justice maintains that justice comes through empowering the two, rather than through punishing the offender. However, restorative justice has difficulties in finding large scale positive response in the western societies today. In this paper I will argue that the parable on wineskin offers important perspectives on these realities. While the focus will be in the context of conflict resolution, the results of this article can be applicable far beyond. No field of life can escape the consequences of change and Bible can be of inspiring support to deal with those.

Participatory Budgeting for Environmental Justice

ABSTRACT Corrective measures and remediation efforts aimed at alleviating the conditions of environmental injustice usually depend on federal or state funding. However, such resources could disappear, leaving marginalized communities without the necessary means to mitigate environmental harm. Participatory Budgeting (PB), a process that allows residents to work with municipal governments to decide on community projects, holds promise as a surrogate source of funding. When examining the character of such an enterprise, however, one finds that it does not exactly fit within established paradigms of environmental justice. To account for this condition, one must examine how PB restructures the power dynamics that determine cleanup protocols. The paper ends by highlighting some avenues that municipalities can pursue to incorporate this process into existing budgeting strategies.

Tramitação e aprovação do Estatuto da Criança e do Adolescente no Congresso Nacional (1989‑1990) (Processing and approval of the Statute of the Child and Adolescent in the National Congress (1989‑1990))

In this paper, the processing and approval of the Statute of the Child and Adolescent (Estatuto da Crianca e do Adolescente – ECA) (1989‑1990) was analyzed. The research, with a bibliographic and documentary profile, used the content analysis parameters to make an analysis of excerpts accessed in the collections of the National Congress on the promulgation of ECA in 1990, which replaced the 1979 Code of Minors. The theoretical framework talks about social stratification, class distinction and the protection of youth within the scope of State power. The discussion is important because it deals with the legal recognition of a new conception of childhood and adolescence, as well as a new paradigm of justice in dealing with situations of vulnerability and conflict with the law. The result of the research allows to infer that, after 30 years of the approval of this legislation for children and youth, the guarantee of integral protection is still a reality far from a promising horizon.

Ecowomanism: Buddhist–Christian Dialogue from a Womanist and Ecological Perspective

EcowomanismBuddhist–Christian Dialogue from a Womanist and Ecological Perspective Melanie L. Harris (bio) Keywords ecowomanism, eco-memory, justice Ecowomanism is an approach in religion and ecology that embraces the environmental justice paradigm: a theoretical lens through which one can examine the intersections among racial, economic, gender, and sexual injustice and how these forms of oppression converge with climate injustice. For example, in the United States, communities of color living in lower socioeconomic urban environments are more likely to experience food insecurity or live in "food deserts." That is, due to an all-too-common white-supremacist perspective, the health of communities of color is not perceived as valuable, nor is their flourishing considered an important aspect to the larger society. Access to a good quality of life for persons of color is often predetermined by the realities of systemic racism and public policy that limit neighborhoods' access to affordable housing, healthy and safe work environments, fresh produce, and healthy food.1 While some may argue that ecowomanism is anthropocentric in nature and focuses only on the humans living in these neighborhoods rather than all beings, an ecowomanist lens unapologetically points the finger back to those who critique the approach and asks the question, Why it is so easy for too many religious environmental lenses to see species, but ignore the species-ness, beingness, and humanity of African Americans? Black lives matter in the work of environmental justice. Too many environmental approaches carry a hidden lens that is complicit with a logic of domination, promoting the rights of some species (all nonhuman species) while in the same breath devaluing the [End Page 123] lives, voices, and rights of darker-skinned humans. We must insist on the value and importance of race, class, and gender analysis in environmental justice work. In this essay, I introduce ecowomanism as a multilayered approach to climate justice that can inform and be informed by Christian–Buddhist dialogue. In previous work, I have discussed the significance of an interfaith lens in the work of ecowomanism.2 Due to the drastic impact of climate change across religious groups, it is crucial to find shared language and bridge understanding about how people of various faiths and nonfaith can raise awareness and confront climate change together in the earth community. I argue that by moving through an ecowomanist method, activists and practitioners can engage comparative religious discourse about the shared and sometimes differing moral and ethical guidelines regarding care for the earth. Creating interfaith dialogue that honors the particularities of each tradition, while also respectfully building new methods that help confront climate change, can be mutually enhancing for all. Beyond learning from one another and teaching one another, this kind of comparative dialogue can also provide new sources for religious thinking and environmental activism. The ecowomanist method offers seven steps: (1) honoring experience (centering voices), (2) critically reflecting on that experience, (3) using womanist analysis, (4) critically examining African and African American history and tradition, (5) engaging transformation, (6) sharing dialogue, and (7) taking action for climate justice. In this essay, I focus on the first two steps. After a brief introduction to ecowomanism, I take the first step in the method by speaking from experience and offering a womanist story or eco-memory for Christian–Buddhist reflection. Eco-memory is counter-memory—a corrective to the metanarrative that functions as the "true" dominant canon of what is considered religious discourse. Often, the voices of women of color—more specifically, African American women's voices—are not included in the metanarrative. An ecowomanist method brings these voices, contributions, and perspectives to the forefront. I then offer a critical reflection on that experience, noting the potential significance of feminist/womanist Christian–Buddhist dialogue to this process and recommending recourse through analysis of poetry by Maya Angelou, a critical resource in our collective efforts for climate justice. Emerging during the 1980s from the pens of such scholars as Jacquelyn Grant, Katie G. Cannon, Delores S. Williams, and Emilie M. Townes, womanist religious thought came into being by challenging the normative male lens inherent in black liberation theological perspectives and challenging the absence of race analysis in many feminist circles. Adapting the...

Disrupting Engineering Education: Beyond Peace Engineering to Educating Engineers for Justice

Abstract Engineering education outcomes as prescribed by the Accreditation Board of Engineering and Technology comprise technical and scientific student educational outcomes as well as “soft skills”. The scientific and technical outcomes ensure that engineering graduates possess the requisite science, math, engineering and technology skills and capabilities that will enable them to practice competently in their disciplinary engineering profession with technical, scientific and engineering rigor. Soft skills, on the other hand, which are being increasingly emphasized as critically necessary for engineering graduates to be employable and successful in the professional workspace, focus on teamwork, communication, ethics, global awareness (including social, economic, environmental and global impacts of engineering), and lifelong learning. In this essay, we posit that migrating engineering education towards “peace engineering” not only requires that faculty place increased emphasis on these soft skills, but also needs the incorporation of true impact analyses – much like an Environmental Impact Assessment – on the social, environmental and economic impacts of the solutions that students develop to engineering projects and problems. This impact analysis must go beyond an assessment of those areas mentioned in the conference’s informal definition of “peace engineering”, which identifies components including “…promotion of prosperity, sustainability, social equality and diversity, culture of equality, ethics, innovation and entrepreneurship.” While these issues are critically important for promoting and supporting an ethos of peace engineering, we suggest that they will have minimal impact unless the thinking and analyses extends to focus on justice, extending the justice paradigm from civil, social and environmental justice to include energy justice, resource justice, information justice and technology justice. Exposing engineering students to these concepts and ideas and incorporating the notion of justice into the impacts of technology research, development and implementation will move us from a “war” based socio-technological configuration to a global peace engineering agenda that might actually move us towards engineers educated to transform their world for peace and justice.

CONTEXTUALIZING RESTORATIVE JUSTICE THROUGH DIVERSION MECHANISM: A STUDY OF INDONESIA JUVENILE JUSTICE SYSTEM

Implementation of restorative justice in the juvenile justice system in many countries has undergone its dynamics in the past few decades, including in Indonesia. The enactment of Indonesia Juvenile Justice System Law in mid-2014, which invalidates the 1997 Juvenile Court Law, became a significant point of juvenile justice reformation in Indonesia. The new Law began to shift the retributive paradigm in the Juvenile Court Law, as the previous statutory basis for juvenile justice in Indonesia, to restorative justice paradigm. The new Law introduces the Diversion mechanism as a means to implement the restorative justice approach. This article seeks to discuss how restorative justice can be contextualized through diversion mechanism, as well as to consider whether the new Indonesia Juvenile Justice System utilises restorative justice in a marginalized, boutique, or tokenistic way. Furthermore, this article uses statutory and theoretical approaches to examine the contextualization of restorative justice through the diversion mechanism introduced in the new Juvenile Justice System Law.

The Implementation of Criminal Law as a Primum Remedium in Overcoming Criminal Crime and Or Environmental Damage

This study aims to analyze and describe the definition and the meaning of the primum remedium principle as an instrument to overcome the crime. The research method used is normative legal research by studying the laws, concepts and various approaches in conducting the research. The legal materials used are statutory regulations, books, glorosium, encyclopedias and others. The results showed that the meaning of primum remedium as an instrument for tackling criminal acts is to increase awareness of the development of human rights that bring changes to criminal responsibility which is no longer ultimum remedium but primum remedium. Republic of Indonesia Law Number 32 Year 2009 concerning Environmental Protection and Management Life is a legal instrument that was formed to protect the country in terms of the environment. Therefore it is a necessity for all humans to create a healthy, clean and insightful environment, because people's awareness of the environment is part of human rights. Thus it cannot be denied that the role of government is needed in upholding justice because it has an important role to create a conducive political system or structure, which changes the paradigm of criminal justice which is subsidiary becoming the primum remedium. Keywords : Ultimum Remedium, Primum Remedium DOI : 10.7176/JLPG/89-10 Publication date :September 30 th 2019