Restorative Justice Approach Research Articles

Perlindungan Hukum Terhadap Anak Sebagai Korban

Introduction: The resolution of acts of violence faced by children as perpetrators, witnesses, and victims if the criminal law is resolved is still inappropriate, considering that between the perpetrator and the victim as children so that different ways of solving the case are still needed.Purposes of Devotion: The purpose of this writing is to study more deeply related to problems related to previous research as a follow-up to the results of the research in order to provide legal education, especially related to solving crimes related to the Protection of Children as Victims carried out with a Restorative justice approach, as a model for solving cases. Method of Devotion: The methods of activities carried out in this socialization activity are Coordinating with the church, Preparing material or materials in the form of powerpoint material related to the problems studied in this PKM activity, Preparing a location to be used for PKM activities at Shiloh Church, joint discussions between participants and resource persons.Results of the Devotion: The result of this writing that is intended to be achieved is to realize legal protection for children by providing guarantees for the fulfillment of their rights without discriminatory treatment. Protection for children who are in conflict with the law in the juvenile criminal justice process at every stage starting from investigation, prosecution and court to children's correctional institutions has not been able to provide protection that can realize a sense of justice for children and even children's rights are often neglected. Children have been positioned as objects and tend to harm children. In children's cases, children are sometimes the perpetrators, victims and witnesses, so serious protection and handling is needed to anticipate this so that it does not have a wider impact and harm the child. The process of protecting children as perpetrators, witnesses and victims must be given attention in the handling process, namely that it must be handled by officials who truly understand children's problems.

Penanganan Tindak Pidana Kekerasan Dalam Rumah Tangga Melalui Pendekatan Restorative Justice

Introduction: Domestic violence is a legal event that we often encounter in a society in Indonesia..The solution to family violence or the scope of a household when it is completed criminal law lines is not appropriate., Remembers that the perpetrator and the victim had a very close relationship., So it takes different ways of dealing with conflicts in that household.Purposes of Devotion: His dedication activities aimed at recognizing domestic violence, forms of domestic violence, the restorative justice, handling domestic rigidity through a restorative justice approach to forming a comprehension and legal awareness for the participant. Method of Devotion: Experience in the implementation of community law in halong, the city of ambon, through a discussion in panels which speakers for given the lectures was continued by question and answer session between spekers and participants.Results of the Devotion: The settlement of domestic violence by using conventional criminal justice in the fact that empiricals raise new issues of divorce..So to avoid the point., A more effective cdrt settlement model is needed without causing any damage to the household's wholeness.Restorative justice is an alternative or some other way of criminal justice by putting a priority on the integration of the perpetrators and the victims or the community as one unit to find solutions and go back to a good link between the perpetrators..Counseling activities are preceded by pretesting, Then continue the legal counseling activity in the public hall over a panel-based discussion where the authoritarian delivers the material in turns and then proceeds with the question-responsibility between the cooker and the community. Then do a post-tes.

PENERAPAN PERATURAN KEJAKSAAN NOMOR 18 TAHUN 2021 TERKAIT REHABILITASI NARKOTIKA BERDASARKAN KEADILAN RESTORATIF

Restorative Justice is utilized as an approach to resolve criminal cases involving offenders, victims, families, and relevant parties to seek a fair resolution, prioritizing rehabilitation over retribution. The Guidelines for Narcotics Rehabilitation based on Restorative Justice guide Prosecutors in the stages of pre-prosecution, prosecution, and rehabilitation supervision. In practice, there are differences in the interpretation and application of the dominus litis principle by Prosecutors in handling narcotics cases with a restorative justice approach. The limitations in understanding and applying the dominus litis principle can affect the consistency and uniformity of rehabilitation policies provided by the Prosecutor's Office in narcotics criminal cases. Moreover, this issue can also lead to inconsistent treatment of narcotics defendants in need of rehabilitation. The issue concerning the authority of the prosecutor's office in implementing rehabilitation policies in narcotics criminal cases with a restorative justice approach and enforcing the law in narcotics criminal cases with a restorative justice approach. This research method employed a normative juridical research type using legislative and conceptual approaches as the basis for analysis in addressing the issues. The conceptual approach used includes the concept of narcotics rehabilitation by the Indonesian Prosecutor's Office based on theories of authority and law enforcement, serving as analytical tools in addressing the issue of prosecutor's authority in law enforcement rehabilitation in narcotics criminal cases. In conclusion, the Prosecutor's Office has the juridical authority to conduct rehabilitation in narcotics criminal cases with a restorative justice approach. This is regulated in the Indonesian Prosecutor's Regulation Number 18 of 2021. Prosecutors play a central role in controlling cases, from investigation to court judgment execution, based on the dominus litis principle. Public prosecutors have a significant role in ensuring that medical and social rehabilitation efforts are carried out appropriately by designated rehabilitation institutions or health services, as well as in issuing warnings and taking further action if suspects fail to comply with the prescribed rehabilitation process. Law enforcement in cases of narcotics abuse requires a thorough understanding and strict application of the requirements based on the Indonesian Prosecutor's Regulation Number 18 of 2021

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.

Academic integrity: A restorative justice approach in first year engineering

Academic integrity is a cornerstone of post-secondary education. Academic integrity violations disrupt the soundness of the assessment process, which is exacerbated in professional programs like engineering where accreditation hinges on the measurement of student proficiencies and graduate attributes. Engineering programs are typically challenging with demanding schedules and higher than typical workloads. Freshmen often face this challenge with deficient time management skills, which is coupled with increasing student mental health and wellness concerns. Combined with pressure to perform, these systemic issues can create circumstances in which students rationalize opportunities that constitute potential code of conduct violations, especially in group situations. The academic misconduct investigation process can be resource intensive, time intensive and stressful for students, instructors, and administrators. A restorative justice model was implemented as an alternative path to manage a large number of cases in first year engineering. The objective of using this approach was to educate students, emphasize the connection between academic integrity and engineering ethics and prevent further occurrences. This paper describes the development and use of this collaborative approach for first year.

Green Restorative Justice: Environmental Enforcement and Justice

Objective: Provides a framework for investigating potential green restorative justice initiatives in Indonesia to address environmental legislation. Time, money, and equity are all preserved in green restorative justice eco-friendly restitution For long-term ecological regulation. Method: This study employs a sociolegal strategy incorporating a green restorative justice framework to address environmental legal issues. After that, we did some conceptual research. Results: Explores the possibility of green restorative justice as an additional approach to resolving environmental issues. There are time and money savings with the green restorative justice method. Another discovery is that when other stakeholders, including the government and the media, oversee these cases, implementing ecosystem greening for guilty corporations may be speedier and more beneficial for society. Conclusion: Explores the possibility of green restorative justice as an additional approach to resolving environmental issues. More expedited, less expensive, and more equitable is the green restorative justice approach. Businesses that are to blame may have ecosystem greening implemented more quickly and to society's benefit with the help of this study to create environmentally friendly enforcement that lasts.

Restorative Justice Approach To Victimless Crime

Restorative Justice Approach To Victimless Crime

HANDLING CRIMINAL ACTIONS COMMITTED BY CHILDREN THROUGH A RESTORATIVE JUSTICE APPROACH

Introduction: A child in conflict with the law or as a child in conflict with the law is someone aged 12 to 18 who is suspected of committing a crime. Objective: This research aims (1) to determine and analyze the handling of criminal acts committed by children using a restorative justice approach. (2) factors that influence the handling of criminal acts committed by children using a restorative justice approach. Method: The research method uses empirical legal research type. This research will be carried out in Makassar City, namely at the Women's and Children's Services Unit of the South Sulawesi Regional Police. The type of data that comes from different sources is primary data, namely data that comes from the main data source in the form of interviews with informants from South Sulawesi Regional Police PPA Unit investigators and children of criminal perpetrators and their families. Result: The research results show that handling criminal acts committed by children is carried out based on restorative justice at the South Sulawesi Regional Police as regulated in Law No. 11 of 2012, still encountering several obstacles. Conclution: Handling criminal acts committed by children through a restorative justice approach is carried out by investigating officers at the PPA Unit of the South Sulawesi Regional Police based on Law no. 11 of 2012 concerning the Juvenile Criminal Justice System.

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.

Justice and Utility in the Settlement of “Klacht Delict” through Mediation: Concept and Impact in Aceh

This article examines the process of settlement of criminal cases of whole complaints resolved in Aceh through mediation. The settlement of “klacht delict (delik aduan)” cases in Aceh is practiced in the customary law society by directing the Qanun Aceh. The main focus of this study is the process of its completion, the legal effectiveness of the concept of mediation, as well as consideration of aspects of the legal purpose of the mediation process. This study uses empirical juridical methods which are analyzed using a restorative justice approach and legal sociology. Data was collected by conducting in-depth interviews and document studies. The results of the research showed that the criminal complaints settled by mediation with the non-litigation pattern practiced by law enforcement and the community in Aceh have met the legal objectives, including the aspects of utility and justice. This model of settlement has met the requirements of usefulness and justice for perpetrators and victims and is considered complete, so the case has not proceeded to the stage of investigation and is not passed on to the prosecution. Nevertheless, the settlement through mediation is not satisfied from the point of view of legal certainty, as the general criminal gap must not be resolved by mediation. Sociologically, this legal rule has an impact on society regarding criminal complaints that are resolved through mediation through non-litigation and are never again demanded for a law enforcement process regarding the results of the mediation which has been stated in the peace deed. So mediation has an impact on the realization of peace and order in society.

Policy whiplash: How California Title IX coordinators navigated local, state, and federal policy changes during the Trump administration

AbstractFederal Title IX policy requires institutions of higher education (IHEs) to prevent and respond to sexual misconduct. Based on 23 in‐depth interviews, this study explores California Title IX coordinator experiences at a critical policy juncture—the recension of the Obama‐era guidance and the implementation of the Trump administration Title IX rules and regulations—to understand how they responded to, implemented, or resisted federal mandates. Most California Title IX officers reported that the recension of Obama guidelines had limited impact on their daily operations because they lived in a state with more progressive social policy. Participants singled out California case law, state statues, the California Education Code and university system mandates as protective legislation to ensure survivors’ rights. By contrast, the new Title IX regulations that became law in August 2020 were perceived as more consequential. The tight implementation time frame, combined with the complicated and unfunded policy directives, imposed heavy burdens on their administrative offices. Title IX officers foresaw implementation consequences to campus safety, survivors’ willingness to report, and to the credibility of the Title IX office. Taken together, their experiences lend support to progressive state legislative action, restorative justice approaches and for a survivor bill of rights as important counterpoints to federal Title IX policy.

Green Restorative Justice: Environmental Enforcement and Justice

Objective: Provides a framework for investigating potential green restorative justice initiatives in Indonesia to address environmental legislation. Time, money, and equity are all preserved in green restorative justice eco-friendly restitution For long-term ecological regulation. Method: This study employs a sociolegal strategy incorporating a green restorative justice framework to address environmental legal issues. After that, we did some conceptual research. Results: Explores the possibility of green restorative justice as an additional approach to resolving environmental issues. There are time and money savings with the green restorative justice method. Another discovery is that when other stakeholders, including the government and the media, oversee these cases, implementing ecosystem greening for guilty corporations may be speedier and more beneficial for society. Conclusion: Explores the possibility of green restorative justice as an additional approach to resolving environmental issues. More expedited, less expensive, and more equitable is the green restorative justice approach. Businesses that are to blame may have ecosystem greening implemented more quickly and to society's benefit with the help of this study to create environmentally friendly enforcement that lasts.

Restorative Justice Approach To Certain Criminal Actions With The Threat Of Under Five Years Prison In Functioning Criminal Law As Ultimum Remedium

The purpose of this research is to find out the concept of criminal law renewal to place restorative justice as ultimum remedium in certain crimes with a prison sentence of under five years. This type of normative legal research with the type of legal synchronization. Collecting data on normative legal research uses data collection techniques from a literature study. In drawing conclusions the author uses the deductive thinking method, namely a way of thinking that draws conclusions from a general statement or argument into a specific statement. the results of research and discussion can be concluded. First; The restorative justice approach to criminal acts with the threat of imprisonment for under five years finds its footing in the basic philosophy of Pancasila, namely in accordance with the 4th precept of Pancasila "Deliberation to reach consensus". Currently, restorative justice has been regulated in various regulations/policies. The contents of this internal policy show that there is no uniformity in understanding and boundaries of criminal acts that can be resolved through restorative justice and does not create an Integrated Criminal Justice System. and the imposition of criminal sanctions on perpetrators

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.

The Penalty System for Minor Crime in Realizing the Values of Pancasila Justice

Minor crimes can still be handled using the concept of a restorative justice approach. Restorative justice has an implementation method by means of penal mediation or by diversion of criminal acts. Penal mediation is used in handling ordinary crimes, in the sense that it is carried out by adults, while the use of diversion is carried out in cases involving children and is in the Children's Court. The problem in this research is how the punishment system for minor crimes is based on Pancasila justice. The research method uses a constructivist paradigm, with a social legal research approach method, and a descriptive research type. Types and sources of data use secondary materials in the form of primary legal materials, secondary legal materials and tertiary legal materials. Data collection methods use literature and qualitative analysis methods. The results of the research are that the punishment system for minor crimes is not yet fair, legal action is still carried out procedurally. One effort that can be made is a policy approach to resolving minor crimes (Tipiring) through restorative justice; so it is necessary to reconstruct the Regulations on Light Crimes Based on Pancasila Justice, namely in the Criminal Procedure Code (KUHAP), in Article 205 Paragraph 1 and the Republic of Indonesia Prosecutor's Regulation Number 15 of 2020 concerning Termination of Prosecution.

Penerapan Pendekatan Keadilan Pestoratif oleh Kepolisian Negara Republik Indonesia dalam Penyelesaian Tindak Pidana di Wilayah Hukum Polres Payakumbuah

In Indonesia's criminal justice system, imprisonment is a sanction commonly imposed on perpetrators of criminal acts. This condition is not in line with Indonesian society, which is a communal society that prioritizes solving problems through deliberation and consensus. Therefore, there is a tendency in Indonesian society to use a restorative justice approach in resolving criminal law problems. This approach has been recognized and adopted by law enforcement agencies such as the Police. This approach has been adopted in the Republic of Indonesia State Police Regulation (Perkap) Number 8 of 2021 concerning the Guideline for Handling Criminal Acts Based on Restorative Justice. This approach is a new paradigm in the strategy for handling criminal cases by the Police. Resolving criminal acts through this approach also involves the perpetrator, victim, victim's family, community leaders, religious leaders, and traditional leaders in seeking a peaceful resolution by restoring the original situation. This research aims to study how the restorative justice approach is run by the Police in solving a criminal case at Payakumbuh Police Region and the obstacles faced by the Police. The research is carried out through sociological–juridical legal research emphasizing field research. In addition, this research also applies a study of existing legal materials. This descriptive research intends to describe the reality studied clearly and systematically. This research finds that the Payakumbuh Police officers have implemented this restorative justice approach to most criminal cases. In implementing this approach, the police officers encountered several juridical and non-juridical obstacles. Legal obstacles relate to the multi-interpretation of a legal norm, while practical obstacles are complicated procedures, difficulties finding an agreement, and compensation issues.

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.

PENERAPAN ASAS DIVERSI DALAM SISTEM PERADILAN PIDANA ANAK TERHADAP ANAK-ANAK YANG MELAKUKAN TINDAK PIDANA PENCURIAN

ABSTRACT
 Handling children in conflict with the law is often equated with handling criminal acts committed by adults in general. In order to tackle juvenile delinquency (delinquency), legally in Indonesia it has been regulated in various kinds of laws and regulations. One of them is Law Number 3 of 1997 concerning the Juvenile Justice System, the presence of this law is considered to be more likely to use formal jurisprudence by emphasizing retributive punishment. The paradigm of arrest, detention and imprisonment of children has the potential to limit freedom and deprive children of their independence. However, over time criminal cases committed by children in conflict with the law can be resolved using a new mechanism, namely the Diversion system adopted from The Beijing Rules which uses a restorative justice approach. So in this article the author will examine further how to apply the concept of diversion in the juvenile criminal justice system in Indonesia, especially in dealing with the crime of theft where the perpetrators are children. This type of research is of a normative juridical nature to examine laws and regulations in the Juvenile Criminal Justice System, especially the application of the principle of diversion. The type of data used is qualitative data and the data sources used are secondary data using an approach to legal material sources, namely: primary, secondary and tertiary. The results of the research concluded that the application of the diversion principle in the juvenile criminal justice system, especially the resolution of criminal acts of theft committed by children, is carried out with an agreement between the parties involved and expressed in the form of a decision. Prior to this determination, diversion had first been attempted. With this diversion, efforts are made for mediation that will lead to a peace (accord) or settlement between the perpetrator and the victim in accordance with the losses incurred, this is considering that the future of the child is prioritized as the next generation and considering that psychologically children are still not worthy of dealing with the law.
 Keywords: Diversion, Juvenile Criminal Justice System, Theft.

Humanistic Education Approach and Restorative Justice To Increase Juvenile Legal Compliance

Wonocolo Polrestabes Surabaya Police Station has taken effective steps and approaches in dealing with juvenile brawl delinquency in their area. They use a humanistic education approach that focuses on the protection of human rights and a restorative justice approach. In handling these cases, Wonocolo Police conducted literature studies, interviews, documentation, and observation as data collection methods. The data were then analysed using the instruments of humanistic education approach and restorative justice. The results showed that the efforts made by Wonocolo Police have succeeded in increasing legal compliance among teenagers, by promoting an approach that respects and protects their rights. In dealing with this problem, Wonocolo Police Station has proven that they can be a good example in handling teenage brawls by prioritising an educative approach, using a humanistic approach, and restorative justice to protect children and ensure their healthy growth physically and psychologically.

PENEGAKAN HUKUM TINDAK PENGANIAYAAN DALAM MENERAPKAN RESTORATIF JUSTICE

The National Police Regulation on Handling Crimes based on Restorative Justice is a step taken by the National Police in realizing the resolution of criminal acts by prioritizing Restorative Justice, which emphasizes restoring the original state and balancing the protection and interests of victims and perpetrators of criminal acts that are not oriented towards punishment, is a legal necessity in society. The Police Regulation on Handling Crimes based on Restorative Justice is a new concept in criminal law enforcement that accommodates the norms and values prevailing in society as a solution while providing legal certainty, especially the benefit and sense of justice of the community, in order to answer the development of the legal needs of the community that fulfills the sense of justice of all parties, which is a manifestation of the authority of the National Police in accordance with Article 16 and Article 18 of Law No.02 of 2002 concerning the National Police of the Republic of Indonesia.The method used is normative legal research. Based on the results of the research, it is known that the Regulation of the Indonesian National Police (Perpol) No. 8 of 2021 concerning law enforcement of persecution applies a restorative justice approach, which can be understood from a legal sociology perspective as an effort to restore social relations and resolve conflicts in an equitable manner. Restorative justice emphasizes the rehabilitation of perpetrators and the restoration of relationships between perpetrators and victims, creating social balance, and reducing stigmatization. This approach reflects a paradigm shift from punitive sanctions to social repair, which is expected to make a positive contribution to the social dynamics of society.