Restorative Justice Processes Research Articles

The Relevance of Supreme Court Regulation No. 1 of 2020 in Efforts of State Losses Refund through Restorative Justice

The government has moved quickly to find a legal breakthrough related to reducing corruption in Indonesia. One of the efforts made by the government is through the Supreme Court to eradicate corruption is the enactment of Supreme Court Regulation No. 1 of 2020 concerning Guidelines for the Criminalization of Articles 2 and 3 of the Law on the Eradication of Corruption Crimes. The consideration is that the imposition of a crime must be carried out with due regard for the certainty and proportionality of punishment to realize justice based on Pancasila and the Republic of Indonesia's 1945 Constitution. The objectives of the Supreme Court Regulation prioritize victim’s losses to be recovered. Moreover, the regulation proportional benefits in imposing penalties on criminal cases is compatible with the Restorative Justice approach. The restorative justice process is expected to be a legal breakthrough in restoring state finances, with dealing with Criminal Corruption Cases focusing on efforts to restore state finances as a whole rather than just prosecuting the perpetrators. Thus, the purpose of this research is to determine how relevant Supreme Court Regulation No. 1 of 2020 are to efforts to recover state losses through restorative justice. This research employs both a normative and an empirical legal approach. Data were gathered through literature reviews and field studies and analyzed qualitatively. The present study confirmed the author's thoughts about the relevancies of Supreme Court Regulation No. 1 of 2020 to recover state losses through restorative justice as Supreme Court Regulation No. 1 of 2020 play a role as a law enforcement's main element as a legal substance.

회복적 사법의 한계 극복 및 형사사법 정의와의 조화 - 소년사법을 중심으로-

If we look at the characteristics of recent school violence and juvenile crimes, there are many propensities to commit crimes to finance entertainment expenses, Internet games, and gambling, rather than crimes committed because of economically difficult family circumstances. It is being grouped and organized, verbal violence in cyberspace is also increasing, and the tendency to show off crime through SNS is greatly increasing. They seem to have no fear of crime at all, and they seem to lack social skills as well as empathy and conflict resolution skills. It would be said that existing criminal justice, which seeks strong and retributive punishment for juvenile offenders, is no longer enough to fundamentally solve juvenile crimes. I think restorative justice, which contributes to the acceptance of juvenile''s voluntary responsibility and return to society, and has a positive effect on the recovery of victims and increasing the participation of the local community, needs to be supplemented with the criminal justice system while harmonizing with criminal justice. Therefore, it is necessary to analyze various problems such as the limitations of the restorative justice system in the juvenile justice field, which is being implemented under the current law, and study ways to engage the family and the local community, not just the participation and mediation of both parties. I think it is necessary to introduce criminal mediation tailored to juvenile crimes such as parental participation, and it is necessary to clearly classify the crimes subject to restorative justice, and to clarify the regulations on institutions responsible for implementing restorative justice and procedures. The restorative justice process should be implemented over a long period of time, from six months to one year, as in the United States and the United Kingdom, and more systematic training is urgently required for mediators and participants who practice restorative justice. Through this improvement process, restorative justice will be able to properly achieve the goals of reintegration of the perpetrators into society, the healing of the victimized juveniles, and the restoration of the community in the juvenile justice field.

PENDEKATAN RESTORATIVE JUSTICE DALAM MELINDUNGI KORBAN KEKERASAN SEKSUAL

The restorative justice approach basically exists to reduce the number of prisoners in prisons. Therefore, as much as possible it is resolved peacefully (mediation) with the aim of restoring the situation to its original state and restoring the pattern of good relations in society. In the case of sexual violence, the loss suffered by the victim is not only physical and material but also psychologically and socially affected. Whether then this Restorative Justice can protect victims and guarantee the rights of victims, of course this is still a big question mark. Physical and material losses may be able to recover in a short time, but psychologically it takes so long even a lifetime. In addition, there is no security guarantee that the perpetrator will not threaten the victim or even repeat his actions when the Restorative Justice process is completed.

Strengthening Implementation of the Justice Restorative Justice in the Perspective of Law Number 16 Year 2004 on the Judiciary and Islamic Law

Restorative Justice is an approach to justice that focuses on the needs of the victims and perpetrators of crime, as well as involving the community, not to follow the principle of punishment for the perpetrators accompanied by the consideration of the judges. The principle of Restorative Justice process of the completion of the action a violation of law that occurs is done by bringing victims and offenders together talking. The act of punishment alternative to using the justice restorative should be pursued by the state so that the adhesion of unity of the nation become strong and become potential of socio economic development and politics of the country. The propriety of the imposition of a criminal through the justice restorative so the duty and responsibility of law enforcement to sharpen legal analysis and sensitive conscience of humanity. justice restorative aims to reconcile the conflicting parties. If offenders could be rehabilitated with other measures that better then the punishment should be avoided. In the penalty ta'zir, forgiveness and granting the minimum penalty is the criminal justice system of Islam that can change the penal system of retributive to restorative. This research problem is how the strengthening of restorative justice in the settlement of the criminal case according to Law Number 16 Year 2004 On the Prosecutor's office? How the actualization of the completion of the criminal case through the restorative justice perspective of Islamic Law?. The purpose of this study was to determine the strengthening of restorative justice in the settlement of the criminal case according to Law Number 16 Year 2004 On the Prosecutor's office and find out the actualization of the completion of the criminal case through the restorative justice perspective of Islamic Law. Methods this research was conducted using qualitative research a research process and understanding based on the methodology that investigates a phenomenon of social and human problems. The results of this study concluded, that the strengthening of restorative justice in the settlement of the criminal case according to Law Number 16 Year 2004 On the Prosecutor's office through a mediation that can be used in resolving a criminal case. A new breakthrough in the Indonesian criminal justice system in the completion of a criminal offence outside the court. Keywords: Strengthening of Justice, Restorative Justice, Attorney General and Islamic Law.

THE ‘AFW PRINCIPLE AND THE INDONESIAN RESTORATIVE JUSTICE SYSTEM: A RESTORATIVE JUSTICE OBJECTIVE

This article explains the implementation of the 'afw principle, a forgiveness principle known in Islamic criminal law, as an objective of Restorative Justice. Although the restorative justice has not been regulated in specific and comprehensive legislation in Indonesia, the restorative justice is currently regulated in at least three different institutional regulations, including the Circular Letter of the Chief of the Indonesian Police Number SE/8/VII/2018 (SE Kapolri), the Regulation of Indonesian Attorney Number 15 of 2020 (Perja), and the Decree of the Director General of the General Judiciary Body Number 1691/DJU/SK/PS.00/12/2020 (SK Dirjen Badilum). The three regulations provide a broad and slightly different explanation of how restorative justice objective is, which is likely to be interpreted in different means. However, the three institutional regulations have a similar approach to reconcile the victim and the perpetrator. The reconciliation seems to be a predominant restorative justice objective to enforce a criminal offence in Indonesia. The reconciliation is also deemed a final process of restorative justice, so the victims are perceived to have no further interest in charging the perpetrator with the criminal case. This article believes that the ‘afw principle can be implemented as a complement objective of restorative justice. Apologising for what the perpetrator committed to the victim and the forgiveness from the victim on what the perpetrator committed are essential bases of the ‘afw principle to realise the expected reconciliation. This research uses a doctrinal methodology by analysing primary data sources, such as Indonesian legislation and Islamic sources of law, and secondary sources from relevant literature. The result indicates that there has not been comprehensive Indonesian legislation on restorative justice, particularly in terms of the objective. Incorporating the 'afw principle as a restorative justice objective will provide more sense of justice for the victim and the alleged offender. Therefore, as a part of Indonesian criminal law reform, alongside the reconciliation approach as the final phase of the restorative justice process, the 'afw principle can be established as one of the objectives of restorative justice enforcement in Indonesia.

Land and storytelling: Indigenous pathways towards healing, spiritual regeneration, and resurgence

This article aims to contribute to discourses of healing, Indigenous resurgence and spiritual regeneration within the context of the Indian Residential School Truth and Reconciliation Commission that took place in Canada between 2008 and 2015. First, it considers to what extent the TRC’s restorative justice process can relate to Indigenous ways of conceptualising healing. Secondly, it reflects on the Commission’s exclusive focus on the Indian Residential School system and its legacies, which, according to many Indigenous scholars, overlooks a much broader and more complex history of colonisation, political domination, and land dispossession still ongoing. I underline that, from an Indigenous perspective, land plays a fundamental role to achieve healing, spiritual regeneration, and resurgence. In the last section, I move the discussion to the literary dimension as I explore Richard Wagamese’s 2012 novel Indian Horse. In particular, I argue that fiction, especially that fiction produced during the years of the Commission’s work, can be a crucial site for challenging the TRC’s restorative process and for bringing out the significance of storytelling and of an Indigenous deep sense of connection to the land as a source of learning, spiritual reclaiming, and healing.

Advocating for the Use of Restorative Justice Practices: Examining the Overlap between Restorative Justice and Behavior Analysis.

Broadly defined, restorative justice (RJ) is a set of procedures based in Indigenous peacemaking practices that reduces recidivism and guides the effective reparation of harm. RJ practices provide harm-affected parties an opportunity for engagement in the resolution process, which theoretically enhances community well-being. RJ practices overlap significantly with behavior-analytic principles. Implementing RJ practices from a context-focused, appetitive-based approach that focuses on classes of behaviors may address harmful behaviors within police organizations. RJ practices may also facilitate changes in contexts that support behaviors valued by the community. The current review discusses criminal and restorative justice, RJ processes and practices, the effectiveness of RJ in various contexts, how RJ overlaps with behavior-analytic principles and existing behavior science models in general, research suggestions, and recommendations for behavior analysts implementing RJ within police organizations and communities to address officer misconduct.

Forgiveness, restorative justice and reconciliation in sustainable peacebuilding: contemporary debates and future possibilities

ABSTRACT Since the mid 1990s, growing attention has been given in the scholarly debate and in the public sphere to forgiveness, restorative justice and reconciliation in peacebuilding. These concepts have been reflected upon and highlighted as core components of restoring right relationships and in sustainable peacebuilding: at first focusing mainly on individuals and relations between them and later as well on relations of communities and states in the public sphere. Attempts to better understand forgiveness and reconciliation in relation to peacebuilding have to address also the critical issue of how to safeguard and integrate processes of justice into peace processes. After first clarifying the distinction between retributive and restorative justice, this article considers core findings of Daniel Philpott, John Paul Lederach and Leonel Narvaez in their peacebuilding studies and considers selected, contemporary reconciliation and peace initiatives. The article argues that forgiveness, restorative justice and reconciliation processes should be further mainstreamed and integrated as part of any standard response to major conflicts and wars by national political bodies, religious communities and religious/secular NGOs, international organisations, agencies and institutions: in order to positively and sustainably resolve and transform conflicts, wars and violence between groups, and to build sustainable peace.

Mediation in Juvenile Criminal Offenses - Albanian Case

Abstract In the treatment of juvenile ofenders in modern systems, priority is being given to procedures aimed at reconciliation and mediation, damage repair and the implementation of alternative measures to restrict freedom. The entirety of such proceedings fall within the concept of restorative justice. Restorative justice is of particular importance in the treatment of juveniles by the criminal justice system, as its main purpose is not to punish the perpetrator but to find methods that promote reintegration into society. One of the mechanisms that underpins restorative justice for juveniles that guarantees the success of education and reintegration in society is mediation in criminal conflicts. The mediation aims to engage the perpetrator in repairing the damage caused by the criminal offense as well as to restore reconciliation relations between the victim and the perpetrator. In this way, mediation procedures are of particular importance in the context of criminal law as they promote the values of dialogue and reconciliation in the way of conflict resolution and provide alternative solutions to criminal sanctions. In criminal cases involving juvenile offenders, the application of mediation procedures brings a number of positive aspects as it serves the immediate rehabilitation and reintegration of the juvenile offender as the primary aim of juvenile justice. Implementation of the mediation alternative leads to a better understanding of legislation in this area as well as an increased awareness of enabling application as one of the forms of intervention against juvenile delinquency. Restorative justice is already part of the juvenile criminal legislation following the entry into force of the Juvenile Criminal Code, which brings a new perspective to the implementation of restorative procedures in accordance with the principle of protecting the best interest of the minor. The paper focuses on the role and importance of mediation procedures and their sanctioning in Albanian legislation. The paper will analyze albanian mediation legislation as a positive achievement in the context of promoting the process of restorative justice in juvenile matters. Conclusions will be drawn and recommendations will be identified regarding deficiencies in legal regulations as well as the practical implementation of mediation procedures for juveniles.

Ashamed of shaming? Stories of managing, deflecting, and acknowledging shame after committing image-based sexual abuse

While a range of studies examine what drives people to nonconsensually distribute sexual images, there is little research on what they feel after having shamed someone online. Do image-sharers feel any shame themselves? Using narrative criminology, we analyze their statements during police investigations to examine if and how they manage shame. We find that many stories about committing image-based sexual abuse deny responsibility, neutralize actions, and deflect blame onto victims. This supports previous qualitative research that offenders are so absorbed by male bonding and a need to control and objectify women that they are incapable of feeling shame after image-based sexual abuse. However, we also find that nearly as many stories about nonconsensual sharing focus on expressing shame for having lost control, admitting to having caused harm, and vowing to lead better lives in the future. These statements describe nonconsensual sexual image sharing as accidental, thoughtless, or impulsive, which supports some previous survey research. Our findings suggest that Internet researchers studying online abuse might pay greater attention to shame management, including how people blame digital technology for harmful behavior. We conclude that restorative justice processes could potentially help people who have committed image-based abuse acknowledge shame and try to repair the harm.

Modifying an accident process and its justice system – From single narratives and retribution to multiple stories and restoration

When an accident occurs, the treatment of workers afterwards can have a significant impact on learning within the organisation. This in turn is a key influence on the organisation’s capacity to deal with future risk. The style of the accident analysis process chosen can have a considerable influence on the outcomes of the analysis and the treatment of those involved. In this paper, we report on a study into the design, introduction, and eventual sun-setting of a restorative justice process. The study found that restorative justice mechanisms can improve honesty, engagement and learning. However, the study also found that factors external to the formal accident response process have a considerable influence over the perception and execution of restorative justice. Successful management of these factors is important for realising the benefits of restorative justice for workplace accidents.

Restorative Justice as a Resolution for the Crime of Rape with Child Perpetrators

A child who commits a criminal act can be called a child in conflict with the law. One of the crimes committed by children was rape, which involved elementary and junior high school children in Probolinggo; they reportedly raped a high school student until they became pregnant. Sexual crimes against children occur in Southeast Asian countries, such as the Philippines, Thailand, Sri Lanka, Malaysia, and Indonesia. The purpose of this study was to review restorative justice as an effort to resolve the criminal act of rape with child perpetrators. The research method used is normative juridical research, with the approach of laws and concepts and collecting primary legal material in the form of existing cases. This study found that the restorative justice process in juvenile crime is essential because there are essential things to focus on the regulation that requires the active role of the community, perpetrators, and victims of crime, including the affected community, in the restorative justice process. A fundamental balancing approach must also be taken, namely, first, imposing sanctions based on responsibility for recovering victims' losses as a consequence of criminal acts; second, rehabilitation and reintegration of actors; and third, strengthening community safety and security systems.

From Trauma to Recovery: Restorative Justice Conferencing in Cases of Adult Survivors of Intrafamilial Sexual Offenses

Restorative justice (RJ) is a way of doing justice following an offense that is primarily oriented towards repairing individual, relational, and social harm. This study examined how RJ processes, conducted following intrafamilial sexual abuse, helped restore the family relationship, and assessed their contribution to the healing and recovery of the victims and the family system. Twenty-three adults who have chosen to take part in RJ processes were interviewed for this study, including incest survivors, non-offending family members, friends, and RJ facilitators. We used a thematic approach within an experiential framework to analyze the qualitative data. Analysis of the interviews highlights the unique role played by the family affected by incest in the journey of recovery undertaken by the survivor and other family members. Together, the participants’ voices join into a multifaceted portrait of a highly complex process that enables survivors and their family to make themselves heard, become empowered, and grow towards recovery and restoration. The present study adds to recent studies on RJ in cases of sexual offense, and in the particular intrafamilial context. It enriches the literature with descriptions of the participants’ experiences, shedding light on the unique characteristics of RJ processes in incest cases. The study also refines the contribution of the RJ process as an alternative for or as complementary to legal or therapeutic processes, as well as in highlighting the importance of restoring the family system and the suitability of the process for incest cases.

África y la Justicia Internacional: una agitada relación

El presente trabajo tiene como objetivo el poner sobre la mesa el problema habido sobre las relaciones entre los Estados africanos y la justicia internacional, en especial por lo que al Tribunal Penal Internacional se refiere. Trata de mostrar que, si bien el Protocolo de Malabo no ha tenido el éxito esperado por sus redactores, la justicia regional ha estado trabajando demostrando su eficacia. Y es que diversas causas, como el malestar de los Estados del continente por sentirse foco de atención de La Haya clamando una suerte de doble estándar en la actuación de la Corte Penal o un atentado a la soberanía de los Estados, han conducido al renacimiento de un nacionalismo africano que parece concretarse en la creación de tribunales híbridos o en una paralela justicia doméstica; ello, junto al establecimiento de procesos de justicia restaurativa y transicional en África. Se entiende así que quizás es este tipo de justicia, regional y no internacional, la llamada a ofrecer la debida justicia, investigando y enjuiciando a los culpables que resulten de los crímenes internacionales que se suceden en el continente.
 Recibido: 04 marzo 2020Aceptado: 12 noviembre 2020

The Role of Proneness to Guilt and Shame Among People in Custody in Promoting Restorative Justice Processes

This research examined the role of guilt and shame proneness among people in custody in shaping attitudes toward restorative justice (RJ) and in predicting the effectiveness of RJ practices. Study 1 ( n = 110) examined the correlation between participant guilt and shame proneness and willingness to participate in an RJ process. It revealed that proneness to guilt, but not to shame, was correlated with willingness to participate in an RJ process. Mediational modeling showed that guilt proneness predicted willingness to participate in an RJ process via its strong correlation with regret and remorse. Study 2 ( n = 133) examined whether shame and guilt proneness affects the effectiveness of an RJ practice. It revealed that high guilt proneness predicted high willingness to participate in RJ, whereas shame proneness moderated the effectiveness of an RJ practice. These results can help practitioners and researchers develop interventions to promote the effectiveness of RJ programs.

THE ROLES OF BHAYANGKARA OF TRUSTEES OF SECURITY AND PUBLIC ORDER (BHABINKAMTIBMAS) OF THE POLICE OF REPUBLIC OF INDONESIA (POLRI) IN IMPLEMENTATION OF RESTORATIVE JUSTICE AGAINST CRIMINAL OF PRESECUTION IN THE LAW OF THE NORTH BENGKULU POLICE

This study raises issues related to the roles of Bhabinkamtibmas and the constraints of Bhabinkamtibmas in implementing restorative justice against criminal acts of persecution in the North Bengkulu Police. This study aims to find out and analyze what the roles and constraints of Bhabinkamtibmas in implementing the process of restorative justice against criminal acts are. This research is an empirical legal research type from the facts that exist ina society, legal entity or government agency. The results of this study indicate that the existence of Bhabinkamtibmas has helped many Police institutions especially North Bengkulu Resort Police starting from the early detection of criminal acts (pre-emptive functions), the process of preventing criminal acts (preventive functions) and the process of problem solving and law enforcement (repressive functions) one of its role is as a mediator and facilitator inthe process of restorative justice. The constraints or obstacles of Bhabinkamtibmas in carrying out their roles from the internal of the National Police and the personnel of Bhabinkamtibmas itself are related to knowledge, skills and ethics as well as external constraints such as the lack of a legal culture or response from the public and the absence of positive laws governing. The results of this study suggest that it needs legal reforms that accommodate the process of restorative justice in order to improve the legal culture and effectiveness of criminal law enforcement in Indonesia.

An Australian Aboriginal in-prison restorative justice process: a worldview explanation

An Australian Aboriginal in-prison restorative justice process: a worldview explanation

Cyberbullying Among Children: A Cross Jurisdictional Perspective

The offence of cyberbullying is becoming prevalent in the digital era. This involves embarrassing pictures of the victims, negative comments on social media, and the internet with the intent to harass or shame the victims. In Malaysia, cyberbullying is governed by the Communication and Multimedia Act 1998 and the Penal Code. However, if the perpetrator is a child, the Child Act 2001 governs the criminal process and the disposition of the case, which is punitive in nature. The United Nations encourages state parties to apply restorative justice to deal with cyberbullying. New Zealand has implemented a family group conference to resolve criminal offences committed by children, which includes cyberbullying. The objective of this article is to examine the nature of cyberbullying among children. This article also analyses the process under the United Nations Convention on the Rights of the Child, New Zealand law, and Malaysian law on cyberbullying among children. It is recommended that the Child Act 2001 is amended by allowing children who are involved in cyberbullying to resolve the case through a family group conference as a process of restorative justice, which is recommended by the United Nations. The significance of this research is that it works towards the betterment of children’s needs and welfare in Malaysia. This research adopts a qualitative methodology that mainly focuses on doctrinal research where the sources include, among others, statutes, journal articles, and books.

Analisis Hukum Tentang Tindak Pidana Seksual Yang Terjadi Di Kota Medan (Study PutusanNomor : 1840/Pid.B/2014/PN.Mdn)

This article discusses how the law arrangements in the juvenile justice in the process of resolving the case, How restorative justice restrictions in law enforcement in Indonesia and How the application of Restorative justice law in the process of settlement of criminal case in Criminal Law in Indonesia. This type of research is normative juridical that describes reviewing and explaining and analyzing normative provisions associated with restorative justice applicable in Indonesia. From the above discussion that restorative justice in the settlement of criminal acts committed by children is very concerned in rebuilding relations after the occurrence of criminal acts, rather than exacerbate the rift between the perpetrators, victims and the community which is the character of the current modern criminal justice system. The restorative criminal justice process holds the view that realizing justice is not only a matter of government and criminality, but more than that it must provide justice in totality that can not ignore the interests and rights of victims and society. Implementation of the principle of restorative justice and the process of diversion as an effort to solve crimes committed by children in formal juridical has been set clearly and firmly in Law Number 11 Year 2012 about kids of justice.

“The image has been changed in my mind”: a case of restorative justice in a forensic mental health setting

Purpose This paper aims to describe the process and outcomes of restorative justice (RJ) between a detained patient with autism and a person he harmed. Design/methodology/approach A single case study design was used to provide an in-depth description of a RJ referral. Findings Restorative outcomes that align with the theories of RJ, in particular trauma processing and emotional reconnection, were observed by RJ practitioners and reported by participants. The person harmed reported a “safer” memory of the offence. Research limitations/implications The absence of outcome assessments limits the findings to observational data and self-reported experiences from participants. A triangulated outcome approach is recommended. Practical implications RJ practices can safely be applied within a secure hospital environment. The RJ process can also be followed by a person with difficulties in social and emotional processing. Originality/value The RJ process provides a safe framework within which forensic mental health services can respond to the needs of victims, which are not routinely addressed in standard clinical practice, and in worst case scenarios, may even be overlooked.