Restorative Justice Principles Research Articles

Upaya Pencegahan Kepolisian Terhadap Tindak Pidana Penganiayaan Oleh Anak Sekolah

This study aims to determine the police's efforts to prevent criminal acts of abuse by school children in Gorontalo. The type of research used is empirical law with a qualitative approach which will be analyzed descriptively. The results of this study indicate that the role of the police in preventing criminal acts of maltreatment by students is by pre-emptive efforts by conducting counseling and outreach. Furthermore, preventive efforts are carried out by way of patrols and evaluating the performance of the police. Meanwhile, repressive efforts are carried out by fostering and applying the principles of Restorative Justice. As for the efforts of the school, namely preventive efforts are activities carried out to prevent violations committed by students, curative efforts are efforts to anticipate violations committed by students, and coaching efforts are efforts to foster students who commit violations and have received punishments or sanctions that have been given by the school.

Applying Diversion and Restorative Justice in Juvenile Narcotics Cases at the Binjai District Court, North Sumatera, Indonesia

The problem of drug abuse involving Narcotics, Psychotropics, and other Addictive Substances is a specialized criminal offense with widespread national and international implications, causing adverse effects on society, the nation, and the country as a whole. In this context, the role of the law is crucial in addressing and combating this criminal activity through the implementation of criminal law policies, as part of the broader efforts in law enforcement. The research objective is to examine the Juridical Review of the Implementation of Rehabilitation Institutions during the Prosecution Stage by the Prosecutor's Office in cases of drug abuse, with a specific focus on Narcotics. The study aims to gain insights into how Rehabilitation Institutions are applied by the Prosecutor's Office during the prosecution stage, following the guidelines outlined in the Attorney General's Directive No. 18 of 2021. Imposing prison sentences on individuals, especially minors, who fall victim to drug abuse involves the deprivation of their freedom and carries negative implications, making it challenging to fully realize the goals of punishment. In the context of the Binjai District Court, measures are taken to provide a protective environment for children facing legal issues, enabling them to be diverted through the principles of Restorative Justice. Conversely, Rehabilitation is designed to help individuals categorized as drug addicts overcome their dependency on narcotics. The process of resolving drug abuse cases through rehabilitation places emphasis on restorative justice and the potential benefits, taking into account principles of expeditious and uncomplicated justice with minimal costs, the principle of using criminal measures as a last resort, cost and benefit analysis, and the recovery of the offenders involved. Keywords: Restorative Justice, Narcotics, Juvenile Offenders

“In there but not in there”: sibling sexual abuse as a disruptor in the field of child sexual abuse

ABSTRACT In this commentary paper, which draws on the authors’ own past research and practice experience in the field of child sexual abuse prevention as well as a thorough knowledge of the extant literature, we argue that sibling sexual abuse challenges conventional thinking about child sexual abuse, both in terms of how the general public conceptualises child sexual abuse and in terms of our practice responses to it. Traditional service responses are often inadequate and inappropriate in situations involving sexual abuse between siblings. The question is further raised as to whether traditional service responses are appropriate for other forms of child sexual abuse. We argue that instead of siloed, individualist therapy and criminal or youth justice responses, whole-family responses are required, which draw on the principles of family therapy and restorative justice.

Budaya Hukum Penyelesaian Perkara Berbasis Restorative Justice di Desa Sintung, Lombok Tengah

In an effort to resolve cases, when the victims are women as part of a marginal group, inequality often occurs. Men who hold authority to resolve cases often take sides and incriminate their victims so that the values of legal certainty, justice and expediency are difficult to achieve even though there is peace as a result of the settlement of the case. Besides women, small communities or marginalized groups, people with disabilities are also included in marginal groups. Access to certainty, justice and the benefit of the law is a necessity that this marginal group must obtain. The law must not be dominated by certain groups who are close to certain power, capital, or social status. This problem occurs because part of the inheritance has not been handed over to the rightful party, for this problem then the Village Sangkep Hall carries out a restorative justice process. Finally, an agreement is reached in which one the aggrieved party gets his share and the party who controls the object of the dispute submits it knowingly and voluntarily. The problem ended with each party making a statement that contained a willingness to end the case and not sue each other in the future. Restorative justice has not been comprehensively regulated in various laws and regulations in Indonesia, the term restorative justice is only regulated in the Act. Number 11 of 2012 concerning the Juvenile Criminal Justice System. Sintung Village, in the process of resolving cases, has fulfilled the main principles of restorative justice. This process has succeeded in maintaining order and security in the Sintung Village environment, in addition, the community also supports the existence of the Village Sangkep Hall.

School Leaders’ Perspectives Implementing Whole School Restorative Practices Across Grade Levels: A Case Study of a School-Based Pilot Project

Whole school restorative practice (WSRP) calls for creating supportive, equitable schools, requiring broad systems change. This case study explores the journeys of three schools piloting WSRP in one Midwestern district and examines how school leaders designed and implemented within their school contexts. Schools were purposefully selected from within a three-year pilot project; data sources included annual interviews and focus groups with school leaders, and annual school reports. Each school developed a leadership team comprised of administrators and other staff who were knowledgeable of and committed to restorative justice principles. While grounded in common restorative principles, language, and approaches as part of their district’s pilot project, school WSRP leaders simultaneously developed contextually-specific practices, including tailoring to learners’ developmental stages. Overall, this study highlights the influential role of school leaders in navigating complexities that arise when working from a worldview that values human relationality and interconnection. Impact Statement In this case study, school leaders’ design and implementation of whole-school restorative practices (WSRP) reflected school-level contexts, including students’ developmental stages, in alignment with restorative principles and values. Overall, this study highlights the influential role of school leaders in navigating whole-school change toward a worldview that values human relationality and interconnection. This study may inform how school psychologists, who often play a critical role in leading systems change initiatives in schools, can leverage their skills, knowledge, and experiences as part of WSRP leadership and implementation efforts.

The Role of the Prosecutor's Office in Stopping the Prosecution of Domestic Violence Criminal Cases Based on the Prosecutor's Regulation of the Republic of Indonesia Number 15 of 2020 (Labuhanbatu State Prosecutor's Study)

The role of the Prosecutor's Office has become a hot topic in the legal world in Indonesia today because of the many cases and legal problems that are applied by prioritizing a sense of justice and for the justice-seeking community as well as for law enforcers restorative justice approaches in enforcement and application efforts to obtain meaning from the purpose of the law made. Because restorative justice is a legal necessity that is captured by law enforcement officials. We can see in the development of existing laws and regulations, each law enforcement agency is competing to take part and play a role in implementing the principles of restorative justice according to their respective duties and authorities. Starting from the Police, Prosecutor's Office, Supreme Court, and Prisons, in this case the Prosecutor's Office issued Attorney General Regulation Number 15 of 2020 concerning Termination of Prosecution Based on Restorative Justice.

Ideal Traffic Accident Crime Case Resolution based on Restorative Justice

· 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 the settlement of criminal cases of traffic violations in Indonesia to date (ius constitutum), basically still prioritizes conventional legal approaches and criminal sanctions. Cases of traffic accident violations are processed and resolved within the framework of the criminal justice system normally, starting from the police, prosecutor's office, and court levels, according to the criminal procedure law, (2) Reconstruction of the settlement of traffic accident violations is very likely to be applied in Indonesia with several non-litigation models (mediation), namely the independent perpetrator-victim mediation approach and perpetrator-victim mediation involving law enforcement (restorative justice agencies). Settlement efforts through the courts can only be pursued if restorative efforts fail to reach an agreement. With these results, it is suggested: (1) The police, prosecutors, and courts should be more intensive to socialize and provide education related to the application of restorative justice, especially for traffic accident crimes, (2) The principle of restorative justice needs to be realized in the main legal form, namely a law that comprehensively and integratively covers the regulation of all components of the criminal justice system.

Prinsip Keadilan Restoratif Dalam Penghentian Penuntutan Perkara Pidana Berdasarkan Peraturan Jaksa Agung Nomor 15 Tahun 2020

Restorative justice or better known as restorative justice in the development of schools of law and punishment in human civilization, where the state returns the ius ponale and ius poniendi mandates to the community within the framework of healing, recovery and recovery. Restorative justice is a concept of thinking that responds to the development of the criminal justice system by focusing on the need to involve actors, communities and victims as a social recovery step in social relations. The principle of restorative justice is one of the principles of law enforcement in resolving cases which can be used as an instrument of recovery and has been implemented by the supreme court in the form of policy implementation (Supreme Court Regulations and Supreme Court Circulars). Restorative justice is considered a model of modern punishment that is more humane than the retributive justice used in the current justice system. One of the applications of this is the termination of the prosecution process by the prosecutor.

Spatial justice as a prerequisite for a just transition in rural areas? The case study from the Irish peatlands

Energy production from fossil fuels is gradually phased out as many countries aim to transition to a low-carbon society. As society and technology are intertwined, phasing out fossil fuels impacts people and communities. Especially those who heavily rely on the fossil fuel industry will be worse off. Therefore, calls are being made for ajust transitionthat ensures the rehabilitation of workers, regions, and communities negatively affected by fossil fuel industry closures. We argue that spatial justice can help inform just transition’s theoretical and practical aspects. Therefore, a spatial justice approach should be a prerequisite for a just transition. The concept of spatial justice is intertwined with the social justice principles of procedural, distributive, and restorative justice, which are central to the current conceptual understanding of just transition. We use the case of the closure of peat-based electricity production in rural Ireland to demonstrate how a spatial justice approach can underpin a just transition and how it can help with practicalities like identifying and addressing the issues and concerns in local communities. To ensure a just transition, a spatial justice approach is needed to identify and address the deeper problems affecting the resiliency of rural and mono-industrial regions dependent on fossil fuels.

Implikasi Penerapan Restorative Justice terhadap Putusan Pemidanaan di Pengadilan Negeri Kediri

The application of restorative justice can only be applied to certain criminal acts. However, this limitation was penetrated by the judge at the Pengadilan Negeri (PN) Kediri. This situation causes legal uncertainty. Therefore, this study focuses on the suitability of the application of restorative justice with the principles of restorative justice and its implications for sentencing decisions in the PN Kediri. This normative legal research uses a statute approach, case approach, and conceptual approach with research sources in the form of secondary data which includes primary, secondary, and non-legal legal materials. As a result, the application of restorative justice in sentencing decisions in the PN Kediri has not been intended to provide recovery to victims and there is no open space for participation for parties involved and affected by the criminal acts that occurred, except for the Decision of PN Kediri Number 204/Pid.B/ 2014/PN.Kdr, October 2, 2014; and Decision of PN Kediri Number 144/Pid.B/2016/PN.Kdr, dated August 15, 2016. Most of the restorative justice implementations are still at the “can be restorative” stage. The application of the concept of restorative justice in this case has implications for the number of prison sentences imposed by the judge at the PN Kediri.

The Purpose of Crimination Against Perpetrators and Victims in the Perspective of Restorative Justice

Indonesia implements a punishment system that refers to the absolute theory or theory of retaliation and retributive flow, namely the imposition of punishment is an absolute consequence that must exist as a retaliation to people who have committed crimes so that the basis for justifying the imposition of punishment lies in the existence of the crime itself. Restorative justice is in principle an approach that is used to resolve problems outside the court by mediation or deliberation in achieving justice expected by the parties. The purpose of this study is to provide an overview of the benefits of restorative justice in the criminal law enforcement process. This research is a type of normative legal research. The approach method used is a statutory approach and a conceptual approach. Sources of research data are secondary data consisting of primary legal materials, secondary legal materials, and tertiary legal materials. The data were analyzed using a qualitative descriptive method. Based on the results of this study, the restorative justice approach is suitable as a punishment goal and is beneficial in reducing the accumulation of cases and the negative stigma of imprisonment. Restorative justice is the settlement of criminal cases involving perpetrators, victims, families of perpetrators/ victims, and other related parties to jointly seek a fair solution by emphasizing restoration to its original state, and not retaliation. Restorative justice is a subsystem of punishment where other subsystems are interconnected and work to achieve benefits. The principle of restorative justice is that victims get compensation for those who suffer losses, peace and agreements that can restore the victim's condition.

Konstruksi Pemberian SP3 dalam Proses Penyidikan di Polres Wonosobo Studi Tahun 2022

This thesis aims to analyze the construction of the issuance of an Investigation Termination Warrant (SP3) in the investigation process at the Wonosobo Police by using an empirical juridical approach. SP3 is a legal instrument given by investigators to suspects to stop the process of investigating a case. The research method used is a case study method with a qualitative approach. Primary data was obtained through in-depth interviews with investigators in the process of granting SP3, as well as through direct observation of the investigation process at the Wonosobo Police. Secondary data was obtained from laws and regulations related to SP3, court decisions, and related literature. The results of the study show that the construction of the provision of SP3 at the Wonosobo Polres is influenced by several things, namely regarding the applicable laws and regulations, namely the Criminal Procedure Code (KUHAP). Law number 2 of 2002 concerning the police, as well as widening the direction of discretion in law enforcement efforts through the principles of restorative justice. So that the SP3 implemented in the Wonosobo Polres is not only based on justice and accountability of law enforcement but also fulfillment of community rights to more open access to law.

Restorative Justice in the Juvenile Justice System against Juvenile Delinquency

<em>The concept of restorative justice is predicated on the idea that the process of conflict resolution should take place through means other than the imposition of criminal sanctions and should involve both the individuals who committed the offense and the others who were affected by it. An essential component of restorative justice is the promotion of peace and forgiveness, as well as the enhancement of relationships between victims and perpetrators and the elimination of the damaging social stigma associated with repeat offenders. In Indonesia, criminal offenses are punished in accordance with the decisions reached by the courts. If it is done to children or teenagers, it can result in negative stigma and prejudice, both of which can have an effect on the development of the child in the future. As a result, it is imperative that children be safeguarded by investigating alternative legal strategies for dealing with legal situations involving children, such as the possibility of using restorative justice. This study's objective is to investigate the application of restorative justice principles within Indonesia's juvenile justice system. The research approach that is being used is legal research, and the research method that is being used is normative juridical law research. Studies of published works and historical documents are examples of secondary sources of data. As stated in Law Number 11 of 2012 concerning the Juvenile Justice System, which places an emphasis on deliberation between perpetrators, victims, families, and related parties, the findings of the study lead one to the conclusion that restorative justice is an alternative to solving legal problems outside of the court. The objective is not vengeance but rather recovery.</em>

THE RIGHT TO SPECIAL PROTECTION FOR CHILDREN FACING THE LAW IN TERNATE CITY

This research examines the intersection of children's rights and the provision of special protections for minors involved in legal proceedings, specifically focusing on children who are offenders. The study is motivated by the heightened vulnerability of children to human rights violations when they engage with the criminal justice system. Employing an empirical juridical or sociological legal research method, this work scrutinizes both the relevant legal frameworks and their real-world application. Through a combined sociological juridical and statutory approach, the research evaluates all regulations pertinent to the legal issues at hand. Data were analyzed using descriptive and qualitative methods, alongside deductive and inductive reasoning to reach conclusions. The findings reveal that the enforcement of special protection rights for child offenders by both law enforcement agencies and the Ternate City Regional Government falls short of expectations. Despite some cases being addressed through restorative justice measures, there remains significant room for improvement. Efforts by the Ternate City Regional Government to meet the rights of child offenders and advance its status as a Child-Friendly City—including the provision of facilities and services tailored to the needs of child offenders such as specialized detention cells, recreational activities, social advocacy, and access to education, health care, and religious services—are hindered by both internal and external challenges. These include the absence of a Regional Regulation on Child Protection to serve as a legal foundation at the regional level, a lack of rehabilitation facilities for children with substance abuse issues, and a general lack of public awareness and understanding regarding the principles of restorative justice, which prioritize the best interests of the child.

Legal Reconstruction of the Authority of Deponering Implementation by the Prosecution Office Based on Justice Value

The objectives of this research are to analyze and find out the weaknesses in the legal construction of the authority to implement Deponering (the authority of the attorney general not to prosecute a case for policy reasons) in relation to the principle of opportunity by the prosecutor's office and how to reconstruct the law based on justice value. The method used in this study uses an empirical approach and a normative juridical approach with the paradigm used by the constructivism paradigm. The results of the research show that the Weaknesses in the legal construction of the implementation of Deponaring by the Attorney General in relation to the application of the opportunity principle, one of which, is the basis for consideration of the public interest which does not yet have clear and measurable indicators. In addition, minimal supervision of the implementation of the Attorney General's authority. In order to tackle this, a legal reconstruction of the authority to implement Deponaring in relation to the principle of opportunity based on the value of justice is needed to determine the indicators and conditions for the Attorney General in making decisions overriding cases in Government Regulations, so that the implementation of the Attorney General's sole authority does not escape supervision and fulfills justice for society. As a counterweight to Deponering authority, the public prosecutor must be given the authority to stop prosecution based on restorative justice which is based on the discretionary authority of the Attorney General's Office as a response to the development of society that wants misdemeanor crimes and crimes with low economic value not to be continued with the prosecution process, by prioritizing the principle of restorative justice. Termination of prosecution based on restorative justice by the public prosecutor, which in practice is very beneficial for the wider community, especially for victims and perpetrators of crimes.

Enforcement of Restorative Justice in Traffic Crime Cases Which Causes Death

This scientific work will discuss the enforcement of restorative justice in cases of traffic crimes that result in death. The formulation of the problem of law enforcement principles based on restorative justice for traffic accidents that result in human casualties and the principle of justice is in accordance with the principles of restorative justice for traffic accidents that result in human casualties. The research method used is normative research method with a statutory approach, conceptual and case. The results of the study show the application of the concept of restorative justice in the practice of crime prevention in Indonesia, especially when changes to criminal procedural law or criminal law in general are not a priority for legislation, but the concept of restorative justice in Indonesia in the context of criminal law does not yet have a specific forum, and in applying in the process of investigation, prosecution and examination in court as well as restorative justice returns the conflict to the parties who are most known for their influence-victims, perpetrators and the interests of their communities and give priority to their interests. Then attempt a restorative justice approach. but on purpose, namely creating harmony or restoring balance in social relations. thus, the acceptance and functionalization of restorative justice is more on the function of law in solving social problems better.

A Restorative Justice Approach to The Settlement of The Persecution Crime At Police Central Barumun

It is hoped that the crime of persecution, both severe and light persecution, can be resolved by using approaches that are capable of resolving the criminal act of persecution in the jurisdiction of the Barumun Tengah Police. For example, 3 (three) cases of persecution have been successfully resolved using a restorative justice approach. Currently, the settlement of criminal acts of persecution has prioritized the principle of restorative justice by mediating and paying compensation and medical expenses to victims. The problems in this study, namely: the legal regulation of a restorative justice approach in resolving criminal acts of persecution; the process of settlement with restorative justice against criminal acts of persecution at the Barumun Tengah Police; obstacles and efforts of investigators in resolving criminal acts of persecution through restorative justice at the Barumun Tengah Police. This research is a study of the legal theory of justice which is carried out by applying a scientific analytical process. The data used is secondary data which is supported by empirical data. The data used in legal research is sourced from primary, secondary, and tertiary legal materials. Secondary data collection was carried out using library research techniques and data collection tools in the form of document studies. Empirical data were collected using field study techniques and data were collected through in-depth interviews. Data analysis used qualitative methods. Conclusions are drawn using the inductive method. The results of the study show that: The legal arrangement of a restorative justice approach in resolving criminal acts of persecution to date, starting from the level of investigation, prosecution, to trial; The process of resolving with restorative justice against criminal acts of persecution at the Barumun Tengah Police, starting from the pre-restorative justice stage, restorative justice stage, and post-restorative justice stage; The most conspicuous obstacle is the legal culture barrier related to requests for compensation by the victim's family which the perpetrators cannot fulfill.

Correlation of mediation as an alternative way to protect civil rights and interests and tort liability

The trends and challenges of modern society stimulate a review of the features and characteristics that define law as a set of social norms and shape its image through the provision of legal norms either with means of coercion, or by encouraging the use of other, alternative methods. Changes of a global nature, which are connected not only with the war in Ukraine, are accompanied by alternative methods of protecting the rights of participants in civil relations. The purpose of this study was to establish the legal and scientific and practical principles of the mediation procedure as one of the alternative ways of protecting civil rights and interests. Philosophical, specifically hermeneutic, and general scientific methods of scientific cognition (generalization, logical, praxeological, prognostic and modelling, as well as bibliographic) were used in this study. Special legal methods were also applied: formal legal and comparative legal. Modern positions in the understanding of legal categories, such as civil protection and civil liability and the influence of modern conditions of society on them, have been established. Various approaches to the mediation procedure were presented, and the prerequisites for its occurrence in Ukraine and the world were revealed. The study investigated how the categories “protection of civil rights and interests”, “tort liability”, and “mediation” interact. The modern trends of the civil doctrine regarding the protection of civil rights and interests were examined, the specific features of tortious liability and the possibility of introducing the principles of restorative justice regarding the protection of violated property rights were covered. The legal and practical bases of the application of mediation were determined, the advantages of its application in various spheres of social relations were established. The study analysed the judicial practice regarding the procedure for stopping proceedings in a case due to transfer of the dispute to mediation. The given materials and research results can be used in practical activities by participants in civil legal relations for further scientific research, as well as mediators, teachers, students of various educational degrees, representatives of state authorities and local self-government bodies.

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..

Restorative Justice as an Effort to Settle Traffic Accident Crime Cases

ABSTRACT
 The traffic problems occurred of traffic accidents that result in human casualties and/or property loss. Law enforcement systems development and methods in Indonesia shows a tendency to follow the development of the general justice system, especially the development of the principle of restorative justice by burdening executant with their mistakes, apologize, returning damages and losses to victims as before or resembles condition. The formulation of the problem in this study is how the traffic accident crimes can be resolved through restorative justice, what is the investigator's consideration in resolving traffic accident cases through restorative justice. From the results of the study it can be concluded that the traffic accidents can be resolved through restorative justice according to Article 236 (2) of Law No. 22 of 2009, namely only minor traffic accidents, according to Article 63 of Law Police Regulation Number 15 of 2013, which is a minor traffic accident, and based on the letter of the National Police Number 8 of 2018, which is a crime that does not cause human casualties. The investigator's consideration in resolving traffic accident cases through restorative justice is the existence of a peace agreement by both parties involved in the traffic accident.
 Keywords : Accident Cases