Restorative Justice Approach Research Articles

PENYELESAIAN PERKARA TINDAK PIDANA PENGHINAAN DAN ATAU PENCEMARAN NAMA BAIK SEBAGAIMANA DIATUR DALAM UNDANG-UNDANG INFORMASI DAN TRANSAKSI ELEKTRONIK (ITE) DENGAN PENDEKATAN KONSEP RESTORATIVE JUSTICE

This research results, First, criminal acts of humiliation and or defamation are generally regulated in the Criminal Code, but are also specifically regulated in the Law on Electronic Information and Transactions (ITE). The application of criminal provisions in case of violating the prohibition in Article 27 Paragraph (3) is applied according to the type of criminal act that has been legally proven to be carried out by the perpetrator of the crime. Second, for this defamation case, other steps can be taken that can achieve the purpose of sentencing, such as settlement through a restorative justice approach, this is also in line with the recommendation of the National Police Chief through Circulars and Prosecutors' Regulations regarding the settlement of criminal cases through a restorative justice approach.

Implementasi Keadilan Restoratif dalam Penegakan Hukum Kepabeanan dan Cukai

The enforcement of criminal law in the field of customs and excise is still focused on imposing criminal penalties or sanctions against perpetrators. Settlement of customs and excise cases should focus on recovering losses in state revenues because Import Duties, Export Taxes (Export Duties), and Excise are the main sources of state revenue. This study aims to examine the concept of criminalizing customs and excise criminals in the perspective of restorative justice and the implementation of restorative justice in customs and excise law enforcement. This study uses a normative juridical approach through the study of legal theories and legislation related to research problems. The results of this study are that the concept of restorative justice has been adopted in Customs and Excise Law but legislation should be issued immediately relating to procedures for stopping investigations in the interest of state finances so that a restorative justice approach can be applied in the settlement of customs and excise cases.

The Termination of Middle Criminal Prosecutions based on Restorative Justice

The purpose of this study was to find out and analyze how the form and policy of stopping the prosecution of minor crimes through a restorative justice approach and the obstacles faced in implementing the policy of stopping the prosecution of minor crimes through a restorative justice approach. This study used an empirical legal method by relying on primary data sources. Prosecutor's Regulation No. 15 of 2020 concerning Termination of Prosecution Based on Restorative Justice is a breakthrough made by the prosecutor's office to answer legal problems that exist in society, so that punishments that have been considered by the public no longer provide a sense of justice are lost and public trust in the prosecutor's office as part of the public prosecutor's office. Based on the results of the study, it was concluded that of the 80 cases whose prosecution was terminated based on restorative justice referred to above, one of them was carried out by the Demak District Attorney. Although in the implementation of diversion there are obstacles in the form of peace efforts carried out by the Public Prosecutor from the Demak District Prosecutor's Office, the Suspects and Victims have not received a response, but after involving community leaders as mandated in this Perja, peace can be carried out so that a policy is taken to stop the prosecution of the case outside court (before the case is transferred to the Court).

THE IDEA OF RESTORATIVE JUSTICE AS A SETTLEMENT OF CORRUPTION CRIME: ANALYTIC STUDY OF THE MAQÂṢID AL-SYARÎAH APPROACH

This research begins with a discourse of thought that is currently being debated in the community, which is related to law enforcement in eradicating corruption with state financial losses under fifty million rupiah. Some people still have the belief that eradicating corruption must be carried out with repressive means and the imposition of the maximum amount of punishment. Others are concerned that the Restorative Justice approach in eradicating corruption is mitigating and not causing a deterrent effect for potential perpetrators. This discourse began to be widely discussed after the Attorney General, Burhanudin, publicly stated that the steps in law enforcement at the Prosecutor's Office in dealing with corruption cases with a state financial loss of less than fifty million rupiah should be resolved using a Restorative Justice approach. This research is focused on how Restoractive Justice is used as an approach to solving corruption cases with state financial losses under fifty million rupiah in the perspective of Maqâshid al-syarî'ah. The research method used is juridical-normative, with a statutory and conceptual approach. The results of the study indicate that the settlement of corruption cases with a Restorative Justice approach is in accordance with Maqâshid al-syarî'ah.

Law Enforcement Against Criminal Acts with A Restorative Justice Approach in Case of Charity Box Theft

The purpose of this study was to determine and analyze law enforcement against child crimes with a restorative justice approach in the case of theft of charity boxes. To find out and analyze the application of restorative justice in cases of theft of charity boxes. This study uses an empirical juridical approach, with descriptive analysis research specifications. The data used in this study is secondary data which is then analyzed qualitatively. The results of this study are Law Enforcement Against Child Crime with a Restorative Justice Approach in the Charity Box Theft case that in the application of restorative justice, it is always carried out for children who are perpetrators of criminal acts. In some cases, the restorative justice efforts can obtain an agreement by each party, so that the case is not continued to the prosecution level. The application of restorative justice is only for minor crimes, with a mediation process by deliberation. Application of Restorative justice in the Charity Box Theft Case carried out based on consensus deliberation between the victims, perpetrators, and community leaders, where the parties are asked to compromise to reach an agreement. Each individual is asked to give in and put the interests of the community above personal interests in order to maintain mutual harmony. The concept of deliberation has proven to be effective in resolving disputes in society amidst the failure of the role of the state and courts in providing justice. With the application of restorative justice, the case stops until the investigation stage or is not forwarded to court.

Perlindungan Hak Anak Yang Menjadi Pelaku Tindak Pidana Pencurian Dalam Putusan Pengadilan Negeri Magetan Nomor : 4/Pid.Sus-Anak/2021/PN.Mgt

Abstract- This study aims to determine the protection of the rights of children who are perpetrators of the crime of theft in the Magetan District Court Decision Number: 4/Pid.Sus-Anak/2021/PN.Mgt. The type of legal research used is normative, research that focuses on positive law in the form of legislation and this research requires secondary legal material as the main legal material. The results showed that the elements of the article that had been fulfilled as stated in the single indictment, namely Article 363 paragraph (1) to the 3rd, 4th, and 5th of the Criminal Code. The judge stated that the children had been legally and convincingly proven guilty of committing the crime of theft. with weighting. The decision taken by the judge in the decision Number: 4/Pid.Sus-Anak/2021/PN.Mgt is not solely made based on legal considerations, but also the surrounding conditions, social status of children, and family circumstances that prioritize the Restorative Justice approach.

Mainstreaming Restorative Justice in Termination of Prosecution in Indonesia

By law, under the principle of opportunity, public prosecutors have been entitled to the authority to proceed or terminate the criminal cases under their authority. However, the termination of prosecution by the attorney generals is mostly not followed by a victim-oriented settlement. In this case, the principle of opportunity is not in line with the victim interest. On the other hand, the direction of legal reform in Indonesia promotes restorative justice approach in every criminal case settlement. In this regard, this article aims to investigate the way to implement restorative justice in case terminations by General Attorney of Indonesia. This research relies on socio-legal approach. Data were collected through the investigation of regulations and works of literature related to the termination of prosecution of criminal cases and restorative justice. The result of this study indicates that the regulation concerning termination of prosecution based on restorative justice is obviously departed from the public needs. According to General Attorney Regulation, restorative justice which is oriented to the public interest has the chance to be implemented as the basis for termination of prosecution of criminal cases; therefore, the penal court can be addressed as the last option (ultimum remidium).

“Community engagement via restorative justice to build equity-oriented crisis standards of care”

The COVID-19 (SARS-CoV-2) Pandemic has revealed multiple structural inequities within the United States (US), with high social vulnerability index communities shouldering the brunt of death and disability of this pandemic. BIPOC/Latinx people have undergone hospitalizations and death at magnitudes greater than White people in the US. The untold second casualties are health care workers that are suffering from increased risk of infection, death, and mental health crisis. Many health care workers are abandoning the profession all together. Although Crisis Standards of Care (CSC) mean to guide the ethical allocation of scare resources, they frequently use scoring systems that are inherently biased. This raises concern for the application of equity in CSC. Data examining the impact of these protocols on health equity is scarce.Structural maltreatment in healthcare and inequities have led to cumulative harms, physiologic weathering and structural adversities for residents of the US. We propose the use of Restorative Justice (RJ) practices to develop CSC rooted in inclusion and equity. The RJ framework utilizes capacity building, circle process, and conferences to convene groups in a respectful environment for dialogue, healing, accountability, and action plan creation. A phased, non-faith-based facilitated RJ approach for CSC development (or revision) that fosters ethically equitable resource distribution, authentic community engagement, and accountability is shared. This opportunity for local, inclusive decision making and problem solving will both reflect the needs and give agency to community members while supporting the dismantling of structural racism and oppressive, exclusive policies.The authors are asking legislative and health system policy makers to adopt Restorative Justice practices for Crisis Standards of Care development. The US cannot afford to have additional reductions in inhabitant lifespan or the talent pool within healthcare.

Implementasi Peraturan Kejaksaan Republik Indonesia Nomor 15 Tahun 2020 (Studi Kasus Di Kejaksaan Negeri Jembrana)

Settlement of criminal cases within the framework of the criminal justice system in Indonesia always leads to the imposition of imprisonment or corporal punishment as a form of deterrent effect to perpetrators of criminal acts as the implementation of the articles in the Criminal Code which still uses the theory of punishment, namely the theory of purpose or theory. relatively. The purpose of the research is to reveal the implementation of the Republic of Indonesia Prosecutor's Regulation No. 15 of 2020 (a case study at the Jembrana District Attorney's Office). The research method used in this research is an empirical research method with a case research approach. This research uses primary and secondary data sources. Data were analyzed using qualitative analysis methods. The results of this research indicate that the role of law enforcement officers in particular the role of the prosecutor's office in resolving a criminal case using a restorative justice approach must be carried out massively and comprehensively, in order to meet the demands of justice oriented towards justice in society.

Youth Bullying and Suicide: Risk and Protective Factor Profiles for Bullies, Victims, Bully-Victims and the Uninvolved

Bullying is closely associated with suicide. This study validates mixed evidence on whether young bullies, victims, bully-victims, and those uninvolved in bullying differ in suicidality, risk, protective factor profiles, and predictors of suicide. A total of 2004 Hong Kong adolescents and young adults completed the Hong Kong Online Survey on Youth Mental Health and Internet Usage in 2018. Bullies, victims, and bully victims, as opposed to the uninvolved, were found to possess higher tendencies of suicidal thoughts and behaviors. They had more distinct rather than overlapping risk and protective factor profiles yet shared psychological distress and diagnosis of a psychiatric disorder as common predictors of suicide. The results indicate that suicide screening assessments and training to detect common suicide predictors can benefit youngsters regardless of their bullying involvement. From the discussion, group-specific interventions include restorative justice approaches to promote reintegration and help-seeking among bullies, peer, and professional support programs geared towards lowering victim isolation and equipping gatekeepers such as teachers with skills to connect with both bullies and victims.

Concepts and Provisions For Recovery Of A Case Through A Justice-Based Restorative Approach By The Prosecutor's Regulation No. 15 In The Year 2020

Background: The Restorative Justice Approach is one of the solutions for settling criminal cases, namely by prioritizing the subject matter of criminal acts and carrying out settlements outside the court, as well as restoring the situation. The Attorney General's Office of the Republic of Indonesia issued a regulation in the form of Attorney General's Regulation Number 15 of 2020 concerning the Termination of Prosecution Based on Restorative Justice.
 Purpose: To find out and analyze the implementation of Restorative Justice by the Public Prosecutor regarding the Prosecutor's Regulation Number 15 of 2020 concerning Termination of Prosecution Based on Restorative Justice by looking at several requirements that must be met.
 Method: The research method used is normative juridical, the type of data used in this research is qualitative data, which is categorized into two types, namely primary data and secondary data.
 Results: Restorative Justice as an approach to peace between victims and perpetrators have occurred in many prosecution cases at the Prosecutor's Office. In this case, the prosecutor's office hears the community's voice and wants justice for people with weak economic conditions before the law. However, in this case, the Prosecutor's Regulation Number 15 of 2020 still has requirements for cases or perpetrators who can or cannot stop use based on restorative justice.
 Conclusion: Based on the results of the study it was concluded that the prosecutor's office listens to the voice of the community and wants justice for people whose economic conditions are weak before the law. However, the Prosecutor's Regulation Number 15 of 2020 still requires cases or actors who can or cannot stop use based on restorative justice.

Concepts and Provisions For Recovery Of A Case Through A Justice-Based Restorative Approach By The Prosecutor's Regulation No. 15 In The Year 2020

Background: The Restorative Justice Approach is one of the solutions for settling criminal cases, namely by prioritizing the subject matter of criminal acts and carrying out settlements outside the court, as well as restoring the situation. The Attorney General's Office of the Republic of Indonesia issued a regulation in the form of Attorney General's Regulation Number 15 of 2020 concerning the Termination of Prosecution Based on Restorative Justice.
 Purpose: To find out and analyze the implementation of Restorative Justice by the Public Prosecutor regarding the Prosecutor's Regulation Number 15 of 2020 concerning Termination of Prosecution Based on Restorative Justice by looking at several requirements that must be met.
 Method: The research method used is normative juridical, the type of data used in this research is qualitative data, which is categorized into two types, namely primary data and secondary data.
 Results: Restorative Justice as an approach to peace between victims and perpetrators have occurred in many prosecution cases at the Prosecutor's Office. In this case, the prosecutor's office hears the community's voice and wants justice for people with weak economic conditions before the law. However, in this case, the Prosecutor's Regulation Number 15 of 2020 still has requirements for cases or perpetrators who can or cannot stop use based on restorative justice.
 Conclusion: Based on the results of the study it was concluded that the prosecutor's office listens to the voice of the community and wants justice for people whose economic conditions are weak before the law. However, the Prosecutor's Regulation Number 15 of 2020 still requires cases or actors who can or cannot stop use based on restorative justice.

Kebijakan Sistem Pemidanaan Dalam Upaya Perlindungan Hukum Terhadap Anak Sebagai Pelaku Tindak Pidana

The policy of the criminal justice system based on the Diversion and Restorative Justice criminal justice system has been regulated in Law no. 11 of 2012 concerning the Juvenile Criminal Justice System (UU SPPA) prioritizes peace over the formal legal process. The essential changes include the use of a Restorative Justice approach through a diversion system. The purpose of this paper is to analyze and describe the implementation of the policy of the criminal system through restorative justice in Indonesia, especially related to the process of resolving criminal cases and to find out the legal efforts of rehabilitation through community mentors to foster children as perpetrators of criminal acts. This research is included as a normative legal research research using a study approach that examines the problems to be discussed using legal regulations in the form of secondary data (primary, secondary and tertiary legal materials). The analysis was carried out qualitatively and the discussion of the problem formulation using library research. This legal facility aims to anticipate the stigma caused when a child is in conflict with the law, as well as to restore and re-socialize the child. One solution is to divert or place the perpetrators of child crimes out of the criminal justice system and provide an alternative for settlement with a restorative justice approach with assistance carried out by community coaches.

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.

Restorative Justice for Victim’s Rights on Sexual Violence

Indonesia has experienced very dynamic advocacy for legal reform on the protection of victim of sexual violence. Sexual violence is as emerged issue as the accidents of sexual violence has increased including during COVID 19. There are different ‘initiatives’ to address sexual violence by various actors; first, the law enforcers through their establishment the policy on alternative mechanism outside criminal justice mechanism; seconds, Criminal Code bill lead by Indonesia government under the Ministry on Law and Human Rights; third, the establishment on the anti-sexual violence bill for victim protection initiated by parliaments supported by women’s movements. All the initiatives have claimed has restorative justice approaches which the impact of COVID 19 become one of the arguments. This paper analyzes whether and how ‘restorative justice’ suitable for victim’s rights on sexual violence. This paper argue restorative justice is one of ambitious purpose which integrating in which criminal justice mechanism through legal reform agenda is very problematic particularly where the indicator of restorative justice is unclear. This paper finds although both Criminal Code Bill, Anti-Sexual Violence Bill in some degrees have integrated restorative justice to criminal justice system, the Anti Sexual Violence Bill has more focused to the rights of the victims of sexual violence. However, before these two laws are enacted, there are policies established by law enforcers called restorative justice for sexual violence which is very dilemmatic since the indicator in restoring the rights of women’s victim of sexual violence does not clear. This policy tends to sacrifice victim for offender’s interest.

Coming Full Circle: What Happens When Your Class Turns into ‘Real Life’

In this session, we will share some of the results of my experience with remote teaching and academic misconduct in my 200 seat, Introduction to Canadian Criminal Justice System class, which ran from May to Aug 2020 in the School of Criminology at Simon Fraser University. In June 2020, I learned quite by chance, that 41 of 200 students cheated on their midterm celebration of learning (ironically it was on the bonus question worth 1 of 90 marks - they looked up the due date of the quiz on academic integrity). After considerable thought, I decided to use course concepts and applied a restorative justice approach in my response and invited students to reach out and take responsibility. The student response was surprisingly encouraging, and I realized I needed to understand what happened more formally. Accordingly, we developed a study to examine student experiences with my response, how it affected their learning and understanding of course concepts and materials, and their feelings about academic integrity in online courses, especially during a global pandemic. My research assistant, Zana Nicolaou, and I will present findings from the 41 survey responses and 5 interviews that examined these questions. Then we will engage in conversation about how we can shift from conversations about academic misconduct to strategies that help us build a culture of academic integrity.

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.

An Exploratory Integrative Review of Restorative Justice and Social Work: Untapped Potential for Pursuing Social Justice

ABSTRACT Restorative justice is an approach that centers the voices of those most impacted by harm through facilitated dialogue, perspective-taking, and storytelling. Restorative justice and social work have mutually beneficial and overlapping values and interests. The aim of this integrative review was to determine how and in what settings these two areas have been integrated over time. Eight academic research databases were searched between 1997-2019, resulting in 27 articles that met our search criteria. We identified three primary themes: conceptual articles, articles related to practice, and articles pertaining to social work education. Our findings indicate the need to implement restorative justice approaches in other social work practice settings beyond the criminal justice system and incorporate restorative justice into social work curricula.

Restorative Justice Approach in Crime of Humiliation Through Social Media

The restorative justice approach is a diversion in the handling of criminal acts which in the criminal justice procedure are centered on imposing criminal sanctions which are transferred to a communication and mediation process that presents the perpetrators, victims, families of the perpetrators/victims, and other related parties to come together to realize a form of agreement. for the handling of criminal acts that are fair and proportional to the victims who are harmed and the perpetrators by prioritizing repairs such as initial conditions and restoring a harmonious interaction model in society. It is this restorative justice approach that will be used in the investigation, investigation and examination stages in courts of insults, considering that the enforcement of criminal law against insult cases that occur in the community has not given satisfactory results. The regulation of defamation offenses whether carried out offline or online with social media refers to the provisions of the Criminal Code (KUHP) and the Information and Electronic Transactions Law, which in these two provisions contain criminal sanctions against the perpetrators. The purpose of the restorative justice approach in dealing with insults offenses is the restoration of victims who suffered as a result of the humiliation by providing compensation, imposing social work on the perpetrators and matters mutually agreed upon by the parties.

Righting the Literacy Teacher Education Debt: A Matter of Justice

The literacies of Black and other communities of Color have long been narrated pathologically in literacy teacher education. Literacy teacher educators have been complicit in upholding linguistic injustice and enacting linguistic violence in and through their practices, devaluing the practices, marginalizing the experiences, and interrogating the humanity of Black and other teachers of Color. In this article, extending Ladson-Billings's concept of the education debt, I assess the literacy teacher education debt, unveiling how white English and whiteness in general have been (over)valued and positioned as currency in literacy teacher education. After (re)examining and (re)assessing offenses and harms inflicted by literacy teacher education across historical, economic, sociopolitical, and moral realms, composing the literacy teacher education debt, I take a restorative justice approach and offer an invitation to right literacy teacher education by addressing obligations and committing to healing as a matter of justice.