Restorative Justice Approach Research Articles

Kemanfaatan, keadilan, dan kepastian hukum restorative justice pada ketentuan perpajakan

Restorative justice has been implemented in tax provisions, namely the KUP Law and the PPSP Law which regulate tax collection, audits and investigations. Restorative justice is further reaffirmed in the Law on Harmonization of Tax Regulations (UU HPP), which is known to be contained in the explanation of Article 40B clause (3), Article Article 44B clause 2a and Article 64 clause (2). It is estimated that tax law enforcement with a restorative justice approach can be a more comprehensive and sustainable solution in dealing with violations. Dispute resolution is focused on efforts to reconcile the parties, in this case between countries positioned as victims and parties who commit violations. This is done with the aim of creating a better climate of compliance and reducing protracted problems. This journal article was prepared in order to analyze the value of benefit, justice and legal certainty regarding the implementation of the article on restorative justice regulated in the UU HPP for violations that have the potential to harm the country's economy. By using non-doctrinal legal research methods based on theory and application to regulations, it is hoped that the results of theoretical analysis related to the principles of restorative justice can provide further insight into how the values of benefit, justice and legal certainty are applied as law enforcement, especially in the field of taxation.

Restorative Justice: An Idea Whose Time Has Come?

Is restorative justice, an idea whose time has come? Or do we still await the tipping point to arrive? This paper explores the relevance of restorative justice by engaging with primarily three texts—Changing Lenses (Howard Zehr), Returning to the Teachings: Exploring Aboriginal Justice (Rupert Ross), and The Expanding Prison (David Cayley)—on the subject. While the texts are primarily an exploration of the concept of restorative justice in the west. They also raise questions are of universal concern. I subscribe to the standpoint of universal values, with a qualification. It must be arrived at, by becoming conscious of the myriad hues that characterize human life, by respecting and learning from differences. The idea of universal values has to be a result of a conversation, a dialogue. It is with this perspective that I approach the readings. The introduction in the first section is followed by laying out of the key points of the texts in the second. Howard Zehr’s Changing Lenses is a primary text, which has been quoted and interrogated by the other books. In the third section is in an interview format where I share brief portions of a conversation that I had with a lawyer working in the Supreme Court of India. This section brings out the contrast and similarities between the penal justice and restorative justice approaches. In the concluding section four, I discuss some of the changes that are needed to realize restorative justice.

Law Enforcement of Corruption Crimes: Theoretical Study of the Restorative Justice Approach

The problem to be described in this research is how to handle criminal acts using a restorative justice approach that is practiced in the Indonesian criminal justice system and how is the concept of restorative justice applied to criminal acts of corruption in Indonesian law? The approaches used by the author in this research are the statutory approach, case approach, historical approach, comparative approach and legal conceptual approach. The results of the research found that handling criminal acts using a restorative justice approach which is practiced in the Indonesian criminal justice system has become a new method for resolving criminal cases. This model places greater emphasis on conditions for creating justice and balance for criminal perpetrators and their victims. This model has now been implemented in the criminal justice system in Indonesia. Indonesia. This model continues to be developed and implemented in the criminal justice system in Indonesia to achieve the goals of justice, certainty and benefit because the focus of the approach in restorative justice focuses on justice for victims and perpetrators, so that the function of law is not only as certainty for society but also as justice and benefit to the community in line with local wisdom in resolving criminal cases. The application of the concept of restorative justice in criminal acts of corruption in Indonesian law is through the return of all proceeds from criminal acts of corruption along with all forms of profits which are carried out at the stage before the investigation is carried out, during the investigation, during the investigation up to the stage of examination in court. The application of restorative justice has not been specifically regulated in corruption legislation in Indonesia, however circular letters have been issued in several law enforcement agencies which regulate the application of restorative justice in criminal acts of corruption which prioritizes deliberation to return all the proceeds of criminal acts of corruption.

UNRAVELING JUSTICE: THE EVOLVING LANDSCAPE OF CRIMINAL LAW IN THE MODERN ERA

This study investigates the evolution of criminal law in Indonesia, focusing on the impact of technological advancements, social shifts, and political changes on the justice system. Utilizing a qualitative research design, including in-depth interviews with legal experts and practitioners, as well as comprehensive document analysis, the research reveals significant trends and patterns in recent legal reforms. Findings indicate that the introduction of procedural standards, such as those outlined in Regulation No. 6 of 2019, has enhanced the transparency and efficiency of criminal investigations. Additionally, the shift towards rehabilitative and restorative justice approaches reflects changing societal attitudes towards crime and punishment. However, challenges persist in fully implementing these reforms and integrating technological advancements into existing legal frameworks. The study concludes that while these reforms contribute positively to the justice system, further research is needed to assess their long-term impacts and practical applications. Recommendations for future research include examining the effectiveness of restorative justice practices and the integration of emerging technologies. For legal practitioners, adapting to these changes and incorporating new technologies and rehabilitative approaches into legal practice are crucial for improving justice outcomes. This research provides valuable insights into the ongoing transformation of criminal law and offers guidance for both scholarly inquiry and practical application in the field of criminal justice.

Forging Bonds: Restorative Justice Approaches for African American Communities

Forging Bonds: Restorative Justice Approaches for African American Communities

Restorative Justice Approach in Traffic Crime Law Enforcement

Restorative Justice Approach in Traffic Crime Law Enforcement

Penyelesaian Perkara Tindak Pidana Anak Dibawah Umur Dengan Asas Restorative Justice di Lingkungan Polres Belitung Timur

Crimes of theft in the family committed by children require special handling by the police, not all cases involving children are resolved through the courts. This is in the best interests of the child and also considers justice for the victim, which is called a restorative justice approach. This research aims to analyze the form of resolution of criminal acts committed by minors in the East Belitung Police area. The results of the research are that the resolution of children's cases that applies restorative justice is guided by Law Number 11 of 2012 concerning the Juvenile Criminal Justice System and the 2012 Political Regulations concerning Restorative Justice, namely the resolution of children's cases outside the criminal court which emphasizes restoring the situation. initially with an emphasis on conditions for creating justice and balance for children and their victims. The conclusion is that the form of resolving criminal acts of theft committed by the East Belitung Police is by implementing restorative justice. Restorative justice carried out by the East Belitung Police aims to accommodate the norms and values ​​that apply in society while providing legal certainty, especially the benefits and a sense of justice that meets the needs of the community. a sense of justice for all parties, which is a manifestation of the National Police's authority in carrying out duties in the field of criminal proceedings and police discretion based on Articles 16 and 18 of Law Number 2 of 2002 concerning the State Police of the Republic of Indonesia.

Implementation Of Restorative Justice Approach In The Settlement Of Narcotics Crime Cases

The phenomenon of narcotics abuse is a serious problem that requires special handling, especially in Indonesia. Traditional approaches that emphasize criminal punishment have not proven to be fully effective in resolving this problem. This study examines the implementation of the restorative justice approach in resolving narcotics crime cases at the Bintan Police. The restorative justice approach emphasizes victim rehabilitation, perpetrator rehabilitation, and reconciliation between perpetrators and victims as an alternative to prison sentences. The purpose of this study is to analyze the legal arrangements that support the restorative justice approach in narcotics cases, evaluate the implementation of this approach in the Bintan Police, as well as identify the obstacles faced and formulate relevant solutions. The research method used is a qualitative method with a case study approach, involving in-depth interviews with police officers, medical personnel, and other related parties, as well as analysis of applicable legal documents and policies. The results of the study show that although there are efforts to implement a restorative justice approach in the Bintan Police, the implementation is not optimal. The main obstacles faced include a lack of adequate rehabilitation facilities, limited understanding among law enforcement officials, and social stigma against narcotics addicts. The study found that better coordination between institutions, intensive training and socialization, and improved rehabilitation facilities are needed to overcome these barriers. Based on these findings, the suggestions given include increasing the capacity and quality of rehabilitation facilities by the government, further training for police officers on restorative justice approaches, and educational campaigns for the community to reduce stigma against narcotics addicts. With these steps, it is hoped that the restorative justice approach can be applied more effectively, providing a more humane and recovery-oriented solution in handling narcotics cases at the Bintan Police.

Effectiveness Of Restorative Justice In Traffic Accident Case Settlement And Its Implications For The Parties Involved

Traffic accidents are a severe problem that significantly impacts people's safety and well-being. In Indonesia, the restorative justice approach has been adopted as an alternative to resolving traffic accident cases, which aims to restore the relationship between the perpetrator and the victim and reduce the burden on the criminal justice system. This study focuses on the effectiveness of the implementation of restorative justice by the Bintan Subregional Police in resolving traffic accident cases in Batam City, as well as its implications for the parties involved. This study aims to analyze how the application of restorative justice can affect the settlement of traffic accident cases, assess the effectiveness of this approach, and identify relevant obstacles and solutions to optimize its implementation. The research method used is qualitative, collecting data through in-depth interviews, observations, and document analysis. The research respondents comprised police officers, victims, perpetrators, and community leaders involved in the mediation process. The study results show that implementing restorative justice by the Bintan Subregional Police has excellent potential to create a fairer and more satisfactory settlement for all parties involved. However, its effectiveness is still hampered by limited resources and training for the police, lack of public understanding, and suboptimal coordination between institutions. The proposed solutions include increasing training programs for police officers, drafting more detailed regulations, and intensifying socialization to the public about the benefits and processes of restorative justice. The study suggests that police forces increase training and resources, communities are more active in supporting this approach, and governments develop regulations that support and improve coordination between agencies. By overcoming these obstacles, the application of restorative justice in resolving traffic accident cases can be more effective and provide more significant benefits to the community, as well as increase trust in the criminal justice system in Indonesia.

Classification Of Mediators In The Practice Of Penal Mediation With A Restorative Justice Approach After A Traffic Accident

Classification Of Mediators In The Practice Of Penal Mediation With A Restorative Justice Approach After A Traffic Accident

Resolving criminal acts of sexual abuse committed by children against children using a restorative justice approach in the Kudus police area

Resolving criminal acts of sexual abuse committed by children against children using a restorative justice approach in the Kudus police area

Analisis Perbandingan Penegakan Hukum Tindak Pidana Kecelakan Lalu Lintas oleh Anak di Indonesia dan Malaysia

The number of traffic violations and accidents by children in Indonesia and Malaysia is quite high as evidenced by the many cases that have occurred in both countries, giving rise to debates about the regulation and application of law enforcement of traffic accidents by children in both countries. Law enforcement is a whole series of actions to maintain and maintain the balance of rights and obligations of citizens in accordance with human dignity and dignity, as well as their respective responsibilities according to their functions fairly and equally. This research aims to compare the regulation and law enforcement of criminal traffic accidents by children in Indonesia and Malaysia. The research method is normative juridical with statute approach and comparative approach. The data used is secondary data and analyzed descriptively qualitative. The data collection technique used in this research is library research. The result of the research is that criminal responsibility for traffic accidents by children in Indonesia already has an integrated arrangement with Undang-Undang Nomor 11 Tahun 2012 Tentang Sistem Peradilan Pidana Anak through the practice of diversion and restorative justice approaches. Whereas in Malaysia, there is no integration of legal arrangements specifically related to law enforcement of criminal traffic accidents by children. There are only rules regarding child driver traffic accidents in Sections 39 of the Road Transport Act 1987 (Act 333) and rules regarding the age limit of child criminal liability through the Kanak-Kanak Act 2001 (Act 611) and the Malaysia Penal Code.

Penyelesaian Sengketa Perjanjian Jual Beli Beras Program BPNT Mitra Bulog Dengan E-Warong di Kabupaten Banjarnegara

The economic growth of a country with low per capita income but prosperous in the future with a high population growth rate, then the country is categorized as a poor country. Poverty remains a big problem for Indonesia to this day, even the government has not been able to overcome or resolve the problem of poverty. Indonesia has issued a program to accelerate poverty reduction, requiring integrated coordination between parties in formulating and implementing policies. This coordination ultimately resulted in a program, namely the Non-cash Food Assistance Program (BPNT) as one of the government's innovations. However, there were obstacles experienced while the program was running, for example the breach of contract committed by E-warong in Banjarnegara Regency by denying the contents of the agreement that had been agreed between Bulog partners and E-Warong. The aim of this research is to examine how to resolve disputes effectively using normative research methods by analyzing applicable regulations. The finding of resolving this dispute was using the assistance of a third party, namely the Banjarnegara Police, with a non-litigation process through Restorative Justice because it had entered the realm of criminal acts of corruption. So, to get their civil rights back, the Banjarnegara Police are looking for a solution to resolve the dispute between Bulog Partners and E-Warong in Banjarnegara using a Restorative Justice approach.

Pencegahan Tawuran Antar Pelajar Melalui Pendekatan Restorative Justice

Inter-school brawls are a disturbing phenomenon in Indonesia. Various efforts have been made to prevent these brawls, but they still occur frequently. The restorative justice approach offers an alternative solution to prevent fights by focusing on restoring relationships and building a sense of responsibility. This article aims to examine the concept of restorative justice and how this approach can be applied in preventing brawls between students. The research method used in normative juridical with primary data in the form of laws and regulations and secondary data in the form of journals and articles. The result showed that brawl prevention can be done through restorative justice. The conclusion of this study is a promising approach in preventing brawls between learners.

Local Wisdom-based Restorative Justice Approach to Customary Violations Committed by Children

Child protection is an effort to create conditions so that children can carry out their rights and obligations while still prioritizing their best interests. There are three things discussed in this study namely: punishment policy in the use of diversion and restorative justice, values and forms of restorative justice, and the role of custom in cases of children in conflict with the law. This study is an empirical legal study that examines the settlement of criminal cases committed by children with a restorative justice approach. The data used are primary data and secondary data. Analysis of the problems is carried out qualitatively. The policy of handling children's cases with the concept of restorative justice, which promotes peace through deliberations involving various parties, religious and traditional leaders, and the community is very much in line with the concepts of progressive law and substantive justice. To realize the settlement of cases based on restorative justice, relevant stakeholders are expected to be able to apply the values of restorative justice in practice to be able to produce peace agreements that reflect the sense of community justice. Efforts to resolve cases or customary issues carried out by deliberation by traditional elders as village peace judges, are part of the application of local Balinese wisdom and are the best step to restore the situation as before by sticking to the spirit of kinship, mutual care, compassion, and care. Keywords: Children, customary village, diversion, local Balinese wisdom, restorative justice

Sociological Analysis of Restorative Justice in Rehabilitative Law Enforcement for Drug Abuse Cases

The escalating trend in drug abuse, particularly among the youth, necessitates a unified approach from all law enforcement entities to address this shift in paradigm. It is essential to view drug addicts and victims of drug abuse not only as perpetrators but also as victims, warranting the incorporation of rehabilitation as an alternative form of punishment. The severity of narcotics crime in Indonesia poses a profound threat not only to individual health both physical and mental but also to societal well-being and national development, potentially compromising state security and sovereignty. This paper explores the enforcement of narcotics law in Indonesia as dictated by Law Number 35 of 2009 and examines the application of restorative justice, a concept often referred to in criminal law enforcement, which emphasizes recovery and atonement for the perpetrator or their family towards the victim, facilitating out-of-court reconciliatory efforts. By examining the legal sociological perspective, this research advocates for resolving narcotics-related criminal cases through means that prioritize restoration over retribution. It argues for a restorative justice approach, where the focus shifts from imprisonment to alternatives like medical and social rehabilitation, aiming for a resolution that restores harmony and agreement between involved parties, thereby aligning legal outcomes with societal values and needs.

A Systematic Literature Review: Restorative Justice Approaches Resolving Violations of Electronic Information and Transaction Laws in Indonesia

The evolution of society into the information era, propelled by globalization and technological advancements, has transformed social behaviors and interactions, giving rise to the concept of an "information society." However, the proliferation of communication technology, while beneficial, has also presented challenges in ensuring responsible usage. This study explores the application of Restorative Justice Approaches in addressing violations of electronic information and transaction laws in Indonesia. Through a Systematic Literature Review method, five relevant studies were analyzed, revealing the efficacy and versatility of Restorative Justice in resolving various cybercrimes, including defamation, hate speech, dissemination of false information, and pornography. Despite its benefits, challenges such as disagreements among involved parties, resource limitations, and regulatory gaps hinder the effective implementation of Restorative Justice. Addressing these obstacles is crucial for fostering fair reconciliation and optimizing outcomes in resolving electronic information and transaction law violations

Restorative Justiceand Protection of Children's Rights in the Criminal Legal Process

Protection for children who are in conflict with the law in the juvenile criminal justice process, from investigation, prosecution, court, to juvenile correctional facilities, has not been able to provide protection that provides a sense of justice for children. In fact, children's rights are often ignored. In the case of children, children can be perpetrators, victims, or witnesses, so serious protection and treatment is needed to prevent wider and detrimental impacts on them. Handling of children's cases must be carried out by officials who understand children's problems. Law Number 11 of 2012 concerning the Juvenile Criminal Justice System marks progress in protecting children in conflict with the law, by changing the paradigm in handling these cases. The process of resolving children's cases is not only limited to the judiciary, but can also be carried out outside the judiciary through diversion with a restorative justice approach. This approach involves all relevant parties, including perpetrators, victims, witnesses and other parties, to jointly find solutions in the best interests of the child.

The Role of the Prosecutor's Office in Resolving Criminal Corruption Cases

The Prosecutor's Office plays a crucial role in the functioning of the legal system. However, in reality, the Corruption Court is still located in every provincial capital in Indonesia, which often results in high costs for resolving corruption cases which are sometimes disproportionate to the losses they cause to the state. The author of this research focuses on analyzing circular letters belonging to the Deputy Attorney General for Special Crimes by linking the theory of Legal Economic Analysis as a form of consideration and also explaining how the Prosecutional Office applies a restorative justice approach. The research contributes to the topic discussed by evaluating the policy's significance and the prosecutor-office's role in handling corruption cases through the application of restorive justice principles. This study also aims to provide an overview of the challenges and technical legal issues faced by the public prosecutor in carrying out their responsibility to recover funds and/or state assets.

Legal Comparison of the Concept of a Restorative Justice Approach to Narcotics Abusers

Legal Comparison of the Concept of a Restorative Justice Approach to Narcotics Abusers