Restorative Justice Principles Research Articles

The Urgency of Restorative Justice Principles in Law Enforcement Efforts against Defamation Crimes through Social Media Twitter in Indonesia

This study seeks to ascertain the efforts to enforce restorative justice especially through defamation crimes on social media twitter based on positive law and inhibiting and supporting factors in the enforcement of restorative justice in criminal defamation on twitter social media in Indonesia. The method being used for this research is normative and the data collection method to be used is Library Research. The results of this study indicate that the National Police Chief Regulation No. 8 of 2021 provides a legal basis for the integration of restorative justice in police actions against crimes related to information and electronic transactions. The Indonesian National Police responded to the growing legal needs by developing new ideas through the National Police Chief Circular Letter No. 08/2018 and SE/2/II/2021 on Ethical Cultural Awareness in Digital Space. The obstacles mainly arise from the lack of regulations, especially in the ITE Law which has not specifically accommodated restorative justice as a solution in cases of criminal information and electronic transactions. Besides the fact it requires a mutual agreement between the victim and the perpetrator, restorative justice also cannot be applied if the perpetrator uses an anonymous account that cannot be identified.

RESTORATIVE JUSTICE AS AN ALTERNATIVE TO SETTLEMENT OF MISDEMEANOR CRIMES: A CASE STUDY

This article examines the utilization of restorative justice as an alternative to misdemeanor crimes in the criminal justice system at the Police sector Purwareja Klampok level. The aim of this research is to analyze the effectiveness and challenges faced in implementing the principles of restorative justice to address criminal offenses at the Police sector level. This research adopts a normative juridical approach and utilizes both secondary and primary data sources. Secondary data is obtained through literature research, while primary data is gathered through observations and interviews, involving key stakeholders such as police officers, victims, offenders, and community members, to obtain a comprehensive understanding of the implementation of restorative justice in Police sector Purwareja Klampok. The findings of this study highlight the potential benefits of restorative justice in facilitating victim-offender reconciliation, involving the community, and promoting rehabilitation. Additionally, the research reveals limitations and barriers in the application of restorative justice, including limited resources, inadequate awareness and understanding among stakeholders, and the need for capacity development and training. Based on data analysis, this article provides recommendations to enhance the implementation of restorative justice at the Police sector Purwareja Klampok level. In conclusion, this research contributes to the existing literature on restorative justice by offering insights into its application as an alternative to misdemeanor crimes in the criminal justice system at the Police sector Purwareja Klampok level. The study emphasizes the importance of promoting a more balanced and comprehensive approach to justice that focuses on repairing harm, fostering accountability, and restoring social harmony within the community. Keywords: restorative justice, misdemeanor, implementation of restorative justice, social improvement, police sector.

The Essence of Restorative Justice in the Development of Indonesian Law

Objective: This study aims to explore the essence of Restorative Justice within the framework of Indonesian legal development. It seeks to understand how Restorative Justice principles are integrated into the Indonesian legal system, assess their impact on law enforcement and justice outcomes, and provide policy recommendations for enhancing their implementation. Theoretical Framework: The theoretical framework of this research is rooted in Restorative Justice principles, emphasizing the repair of harmed relationships and the involvement of all stakeholders in conflict resolution. By adopting a normative legal approach and utilizing a case law methodology, this study analyzes the compatibility of Restorative Justice principles with Indonesian legal norms and evaluates their application in resolving legal cases. Methodology: This research delves into Restorative Justice within Indonesian law by analyzing judicial decisions, legislative reforms, and historical precedents. It employs normative legal analysis, utilizing Restorative Justice principles to examine applicable norms and their implementation in resolving legal cases. Through a case law approach, the study aims to uncover the essence of Restorative Justice in Indonesian legal development. By scrutinizing judicial decisions, legislative reforms, and historical precedents, it seeks to demonstrate how Restorative Justice principles can be effectively integrated into the Indonesian legal system and assess their impact on law enforcement and justice outcomes. The research aims to contribute to a deeper understanding of Restorative Justice and provide evidence-based policy recommendations to enhance its implementation, considering both normative aspects and empirical observations from the field. Results and Conclussion: Restorative Justice as an approach can realize legal compliance, justice and legal expediency simultaneously, therefore it is important for Indonesia to establish a special law regulating Restorative Justice. This will provide a solid and clear legal framework for the application of this concept in the justice system. With a specific law, there will be more detailed guidance on how Restorative Justice can be implemented effectively and equitably across law enforcement agencies In addition, this law can also strengthen Indonesia's commitment to making Restorative Justice a mainstream approach in law enforcement, creating a justice system that is not only fair, but also equitable for all parties involved in the process. Thus, by regulating Restorative Justice through a separate law, Indonesia affirms its position as a leader in building a justice system based on human values and universal justice.

Termination of Prosecution Based on Restorative Justice in the Settlement of Conventional Gambling Crimes in Indonesia

This study aims to determine the application of restorative justice principles in the settlement of gambling crimes. The proposed formulation of the problem contains: Why does restorative justice need to be used in the settlement of gambling crimes? and What are the stages of restorative justice in the settlement of gambling crimes in the future? This research includes normative legal research, with data collected based on written regulations and opinions from experts and law enforcement. The results of this study indicate that restorative justice can be applied in the crime of gambling even though it is a victimless crime. Parties that can be carried out restorative justice only target gambling players based on Article 303bis of the Criminal Code based on legal expediency and a sense of justice. Therefore, the implementation of restorative justice emphasizes the benefits to both the state and society. The restorative justice mechanism refers to Prosecutor's Regulation Number 15 of 2020 concerning Termination of Prosecution based on Restorative Justice. This regulation regulates all stages of restorative justice for general offenses. For this reason, prosecutors can terminate prosecution in gambling cases based on restorative justice.

Enhancing Legal Certainty Through Restorative Justice: A Focus on the Role of Indonesia’s Attorney General’s Office

Restorative justice holds promise as an alternative to punitive approaches in the juvenile justice system, offering effective means of addressing criminal actions while promoting accountability and reconciliation. This paper explores the implementation of restorative justice in Indonesia’s legal landscape, examining its potential benefits, challenges, and regulatory frameworks. Through a normative juridical approach and qualitative analysis of legal documents and literature, the study underscores the importance of enhancing understanding and skills among law enforcement agencies, particularly the Attorney General's Office, in effectively applying restorative justice principles. By upholding values of justice, decency, and morality, the Attorney General's Office can play a pivotal role in fostering a more humane and efficient criminal justice system that serves the interests of society as a whole.

LA PROMESA DEL FISCAL EN LA EJECUCIÓN DEL CESE DE DEMANDA BASADO EN LA JUSTICIA RESTAURATIVA

Objective: The prosecutor's power to stop the trial on the basis of restorative justice is an expression of the principle of separation, which is rooted in Pancasila and serves as the cornerstone of the Indonesian nation's state and ideology. This authority is also responsible for supporting easy, fast and affordable legal proceedings and implementing the principle of remedium ultimum. Theoretical Framework: The study addresses the power of the Public Prosecutor's Office to suspend prosecution for specific criminal offenses, such as loss of property and damage to physical property, based on restorative justice. Method: This research approach, known as normative jurisprudence, employs secondary data to do legal analysis of the problem's subject matter utilizing the law and a few court decisions. Results and conclusion: The findings of the investigation reveal that the prosecutor's authority to stop the case on the basis of restorative justice is based on the values of Pancasila, the dominus litis, and the opportunist. In short, the prosecutor's ability to stop trials based on principles of restorative justice is optional rather than necessary. This procedure is based on the provisions of the Prosecutor's Rules. Implication of the research: The prosecutor's power is in violation of the core tenet of criminal law if they pressure the offenders and victims to reconcile, as making peace does not absolve the criminal element. Originality/value: that the exercise of authority by the prosecutor should not be strictly defended; instead, they should act as mediators, offering advice and advice so that the parties to the conflict can decide whether to pursue a peaceful settlement for certain crimes, such as physical and property crimes. If the victim refuses to negotiate a peace settlement, the case must undergo further investigation to get a judge's verdict.

IMPLEMENTATION OF PRINCIPLES OF RESTORATIVE JUSTICE IN CRIMINAL PROCEDURAL LEGAL PROCEEDINGS

This study aims to assess and analyze how the principle of restorative justice is applied in criminal procedural legal proceedings. Normative juridical methods were used in the study. The results showed that, despite some obstacles and difficulties, the principles of restorative justice have been used in criminal procedural legal proceedings. In some situations, several key principles have been applied, such as recovery for victims, active participation of perpetrators in the recovery process, and community involvement in peacekeeping. Nevertheless, the concept of restorative justice is still a complex concept to understand and study, as well as the availability of adequate resources to support its implementation. This study improves our understanding of the use of restorative justice in criminal procedural law. This research can serve as a basis for making more efficient legal policies and practices that support restorative justice in enforcement. Keywords: Principles of Justice, Restorative Justice, Criminal Procedural Law.

Legal Protection of Children of Narcotics Abusers with A Restorative Justice Approach

This thesis examines the involvement of children in narcotics crimes. This research aims to examine the suboptimal implementation of the Restorative Justice process for children who are perpetrators of narcotics crimes. The effectiveness of prison sentences for children who abuse narcotics is weakened when the responsibility for their rehabilitation is not borne by law enforcement officials. The problems in this research include two main questions regarding what existing regulations relate to legal protection for children involved in drug abuse and how the application of Restorative Justice methods can improve legal protection for children involved in drug abuse. The research methodology used in this research is normative juridical, with qualitative descriptive data analysis techniques. Research findings show that legal protection for children involved in drug abuse in Indonesia is realized through the implementation of the Juvenile Criminal Justice System Law, the Narcotics Law, and the Child Protection Law. Problem solving for minors involved in drug abuse must be based on the principles of restorative justice, which emphasizes restoration of their original condition, and not imprisonment as a form of retaliation. From the perspective that the incorporation of a restorative justice framework must become an integral part of the criminal justice system, it is important to consider the restorative approach as a new paradigm that offers greater effectiveness compared to the punitive strategies used in dealing with cases of child drug abusers.

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.

Inconvenient sampling: Community-engaged and restorative justice approaches to genetic counseling student research.

Genetic counseling research requires a comprehensive approach since it frequently serves as the foundation for clinical care practice. Genetic counseling students play a pivotal role in advancing the profession, as they contribute a significant proportion of the research conducted within the genetic counseling community. However, a prevailing trend of convenience sampling of genetic counselors has limited the diversity of perspectives in student research projects. This article promotes a strategy for greater inclusivity and equity in research by emphasizing community-engaged and empowered research through the perspective of restorative justice. Reflecting on the shadow of the harmful ideologies of eugenics in our profession underscores the need to amplify patients' voices and diverse experiences. Community-engaged research-in collaboration with individuals, families, and communities directly impacted by genetic counseling-transcends traditional research paradigms, empowering patients and addressing systemic inequities. Incorporating community-engaged research into genetic counseling student projects aims to empower future professionals to better understand patient perspectives and needs while working toward addressing historical injustices. This article explores the potential benefits and pathways of incorporating community-engaged research and restorative justice principles into genetic counseling scholarly work, promoting empathy, cultural responsiveness, and ultimately, a more patient-centered approach to research and clinical care. By embracing this collective journey toward authentic partnership in the production of high-quality evidence in genetic counseling student research and more broadly, genetic counseling can become a more just and inclusive practice.

Restorative Justice and Pastoral Care: Shared Principles and Practices

ABSTRACT This article proposes that there is significant overlap between pastoral care as a theory and practice and restorative justice as a theory and practice. It provides an introduction to the principles of restorative justice as well as an analysis of the theoretical intersections between the two fields. Finally, the article offers suggestions for how pastoral caregivers might integrate restorative justice into their work.

Prosecutorial Power: Ending Prosecutions Through Restorative Justice Principles

This data article delves into the evolving landscape of criminal law enforcement through the lens of prosecutors' authority to terminate prosecutions using restorative justice principles. Utilizing a normative research approach, it scrutinizes Attorney General Regulation Number 15 of 2020 on Termination of Prosecution Based on Restorative Justice alongside statutory regulations Number 11 of 2021 and the concept of restorative justice itself. The study reveals that prosecutors indeed possess the power to end prosecutions when cases are resolved outside the courtroom, as evidenced by the issuance of the Decree on Termination of Prosecution (SKPP). This approach, rooted in article 35 paragraph (1) letters c and J of the Republic of Indonesia Prosecutor's Law, signifies a delegation of authority from the Attorney General to the Public Prosecutor. These findings emphasize the compatibility of restorative justice practices with the fundamental objectives of criminal law enforcement.
 Highlights:
 
 Prosecutor's Authority: Prosecutors have the authority to discontinue prosecution based on restorative justice principles.
 Out-of-Court Settlement: SKPP is issued after out-of-court settlement of criminal cases through restorative justice mechanisms.
 Legal Basis: The legal basis for such action is the Indonesian Prosecutor Law Article 35 paragraph (1) letter c and J, which confirms the delegation of authority from the Attorney General to the Public Prosecutor.
 
 Keywords: Termination of Prosecution, Criminal, Restorative Justice

Objects, Memory, and Restorative Justice (A Personal Reflection on Conservation’s Meaning)

ABSTRACT Humans and objects are deeply entangled through systems of knowledge, exchange, production and consumption. The entanglement is also emotional. Objects have symbolic power and therefore emotional charge. Insofar as the individual psyche can be a model for the collective one, thinking of the objects we each carry with us throughout life can be a helpful way to understand how objects acquire emotional significance beyond their original function, and how they are critical to identity and memory construction. This in part equates to say that what societies keep or do not keep, as well as how they keep it, is critical in defining how we deal with our past and therefore how we define both present and future. Conservators have been increasingly aware of this fact. Because of their emotional power, dealing with objects and how they shape memory can also help heal collective wounds. I argue that the emotional power of material objects could be more systematically harnessed by turning to the principles of Restorative Justice, an emerging social science that emphasizes interconnectedness within communities and societies. Restorative Justice is a useful lens through which to consider decision making in conservation, while conservation can contribute significantly to restorative efforts.

The Concept of Restorative Justice in Islamic Criminal Law: Alternative Dispute Settlement Based on Justice

This study discusses the concept of restorative justice in Islamic criminal law as an alternative to restorative justice-based dispute resolution. This study is to analyze the concept of restorative justice in the context of Islamic criminal law and identify its potential use as a more just and recovery-oriented dispute resolution method. This research method is a literature study by collecting and analyzing primary and secondary sources related to the concept of restorative justice in Islamic criminal law. This study used a descriptive-analytical approach to understand the essence and principles of restorative justice and how it can be applied in the context of Islamic criminal law. The results of the study show that the concept of restorative justice in Islamic criminal law emphasizes recovery, reconciliation, and reintegration of offenders into society. This approach pays special attention to the needs of victims, encourages their active participation in the dispute resolution process, and involves the community as a key stakeholder. This study also identifies the potential for using the concept of restorative justice in Islamic criminal law as an alternative to resolving disputes. A restorative approach allows the parties involved to reach mutually satisfactory agreements, restore damaged relationships, and reduce the risk of repeat offenses. In conclusion, the concept of restorative justice in Islamic criminal law can be an alternative that has the potential to improve justice in dispute resolution.
 Keywords: restorative justice, Islamic criminal law, justice, disputes

Navigating the Paradox of Repair: Indigenous Genocide and Public Education in Minnesota and Manitoba

This paper examines how educational institutions and individual educators in Manitoba, Canada, and Minnesota, United States (US), understand and enact reparation in their respective fields of practice. The basic principle of restorative or reparative justice is that wrongs are set right by giving back to the injured party that which restores equality, dignity, and rights. However, educational reforms reveal a structural challenge in societies reckoning with the legacies of foundational violence perpetrated against Indigenous populations. Coupling an analysis of state / provincial social studies standards with key informant interviews, we try to untangle the paradox that the public education system, including non-formal education offered in state museums or historical societies are now tasked with addressing and repairing an injustice they were- and, to a large degree, continue to be - a part of. Findings show that sometimes dissonant visions of a reparative future and conflicting attempts to seek and promote justice in public history, the curriculum, and pedagogy are negotiated in the educational arena, resulting in complementary forms of specific practices. These constitute a growing stock of knowledge and models of engagement that shed light on how institutions and individual actors navigate the project and paradox of repair.

Footing the (wage) bill: Reasoning, remedies and National Education, Health and Allied Workers Union v Minister of Public Service and Administration (CC)

In NEHAWU & others v Minister of Public Service and Administration & others 2022 (6) BCLR 673 (CC), the Constitutional Court declared invalid and unenforceable a clause regulating the third payment period in a collective agreement regulating periodic wage increases for public service employees. We do not take issue with the court’s findings concerning the validity of the impugned collective agreement. However, we question the reasoning provided for the ‘just and equitable’ remedy ordered. We find the court’s reasoning insufficient in so far as it overlooked applicable principles of corrective justice, the significance of the state being unjustifiably enriched by labour peace by curtailing public servants’ right to strike, and the consequences of its decision on the effectiveness of the delay-bar in preventing ill-motivated state self-review. We propose the bifurcated approach that the court adopted in the AllPay saga as a tool to adjudicate polycentric cases such as the impugned case, as it enhances the judiciary’s proper place in the separation of powers and maximises remedial possibilities for innocent third parties to state contracts. We conclude with what has happened on the ground since this decision was reached.

Implementasi Hukum Adat Sebagai Penanganan Restorative Justice Dalam Membangun Sistem Alternative Penyelesaian Hukum Pidana di Indonesia

In the implementation of the resolution of criminal law violations in customary courts, it is felt to be very effective in dealing with many criminal cases through a restorative justice approach which theoretically relies on values that are characterized by Indonesian harmony, balance and conduciveness to ensuring shared life in society. Therefore, all forms of recognition of customary law must be carried out through acceptance and granting legal status related to the existence of its implementation in areas where the application of customary law is very strong. This research is a qualitative type of research with a normative conceptual and juridical approach. The data source was obtained by examining positive legal norms in the form of applicable laws and customary law norms. The conclusions that can be drawn from this research are: In customary justice it is not considered as non-formal justice outside of the judiciary under the State judiciary institution. The Supreme Court is on par with other customary justice bodies. Customary justice is something that actually occurs in the midst of society, therefore the basis contains the principles of restorative justice which focuses on resolving criminal cases outside of court so that the value of justice can be accepted by each group and individual in the customary law that occurs in Indonesian society.

Disgorgement Fund untuk mewujudkan Corrective Justice sebagai upaya perlindungan hukum kepada investor di pasar modal

Disgorgement Fund is the repayment of funds obtained through illegal or unethical business transactions, imposed on violators by courts. Legal protection for capital market investors in Indonesia is not yet effective and optimal. There is no easy way to claim compensation for losses in the capital market because investors consider losses as an investment risk. This article aims to analyze the implementation of disgorgement funds and disgorgement fund practices to realize corrective justice as an effort to protect the law for capital market investors in Indonesia. The method used is normative legal research, using primary and secondary legal sources. Data analysis techniques use conceptual methods and statutory approach methods. The results of the analysis show that OJK issued disgorgement fund regulations as an effort to improve investor protection and law enforcement in the capital market through POJK No. 65/POJK.04/2020 and SEOJK No. 17/SEOJK.04/2021. The regulation of the disgorgement fund mechanism still needs improvement to prevent violators from enjoying illegal profits, recover investors’ losses, and take preventive measures against future violations. The Directorate of Sanctions Determination and Capital Market Grievances at OJK emphasizes that the order for disgorgement of funds is not a lawsuit from the investor through remedial action, aligning with the principle of corrective justice, where all parties have equal rights to seek redress. Tighter supervision should be implemented by OJK to prevent legal violations while ensuring equity in the restoration of rights and the effectiveness of the legal system in dealing with disputes in the capital market.

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

Settlement of Traffic Accident Crimes through the Principle of Restorative Justice in the Sorong City Area

This study focuses on the first problem of solving traffic accident criminal cases that have been applied in law enforcement and how to reconstruct the ideal traffic accident crime resolution based on a restorative justice approach. The method used in this study is normative juridical research with a research approach in the form of a normative approach. The result of this study is that direct involvement between perpetrators, victims, and communities in solving criminal cases is emphasized in the restorative justice approach. Criminal acts involving traffic accidents can be resolved in accordance with the principles of restorative justice. Because it serves the interests of victims and perpetrators based on two perspectives (victims and perpetrators) in terms of accident crimes, the use of restorative justice is essential. The application of restorative justice in solving criminal cases that prioritizes the interests of victims and perpetrators in finding solutions to crimes and their consequences has been outlined in a circular issued by the Indonesian National Police. The traditional dynamic between local communities and their governments in fighting crime can be changed by the use of restorative justice in cases involving accidents. Customary institutions are still often used in Sorong City by local communities to resolve conflicts, but Law No. 22/2009 on Traffic and Road Transport has stipulated the threat of criminal penalties for those responsible for traffic accidents. Therefore, the police had to investigate the traffic accident even if the victim's family decided not to prosecute.