Restorative Justice Approach Research Articles

Restorative Justice As An Alternative To Resolving Criminal Cases Committed By Children In Conflict With The Law

Child protection in the criminal justice system for children, in conflict with the law in accordance with Law Number 11 of 2012 concerning the Criminal Justice System for children Crimes committed by children, is legal protection for children at the investigation, prosecution, and trial stages. The Restorative Justice approach prioritizes improving the relationship between the victim and the perpetrator of the crime. Law No. 11 of 2012 Article 9 paragraphs (1) and (2) regulate the pursuit of diversion in paragraph (1), investigators, prosecutors, and judges must consider; the category of a criminal offence, the age of the child, the results of community research from tapas; and the support of the family environment and society. Paragraph (2) Diversion agreements must obtain the consent of the victim and/or the victim's family and the willingness of the child and his/her family, except for criminal offences in the form of violations, minor criminal offences, victimless criminal offences or the value of the victim's loss is not more than the value of the minimum wage of the local provision. The forms of Diversion agreements, among others, Peace with or without compensation; handover back to parents/guardians participation in education or training in educational institutions or LPKS for a maximum of 3 (three) months; or community service.

PENGOPTIMALKAN PENDEKATAN KEADILAN RESTORATIF DALAM MENANGGULANGI KEJAHATAN YANG DIAKIBATKAN GAYA HIDUP HEDONISME

There is no denying that technological development has grown rapidly and become more sophisticated, impacting on people's lifestyles. Poverty has been known to result in a high proportion of low-income offenders. In fact, the backlog of cases continues to grow every day, causing tremendous suffering for justice seekers. The purpose of this research is to see the extent of the implementation of restorative justice in repairing criminals caused by the hedonism lifestyle. This research is a normative legal research. The results of the study found that the current restorative justice approach with education and discussion can reduce the level of recidivism. Criminal law procedural justice must pay attention to human dignity and values, with the aim of repairing, educating, preventing repetition of crimes, and integrating offenders back into society. Thus, restorative justice aims to build a criminal justice system that is sensitive to the problems of victims and offenders from the effects of hedonism. This approach is a critique of the criminal justice system that tends to be retributive and ignores the role of victims, perpetrators, and society so that the individualization of offenders with the nature of hedonism becomes a focus in restorative justice.

Revitalizing Justice: Empowering Juvenile Sexual Offenders through a Restorative Approach in Indonesia

Sexual offense is a serious crime which could pose significant negative impacts on personal level and community. When committed by minors, sexual offense becomes a much more complicated problem and raises many different intricacies. Despite being a popular topic within the legal sphere, restorative justice in Indonesia still has research gap, particularly on the focus of applying restorative justice measures for juvenile sexual offenders. The purpose of this research is to address this research gap and analyze the potentials of using the restorative justice approach to deal with sexual offense cases committed by minors, with the focus of impacts, recovery, and preventing future recidivism. Using the normative legal research method his research dives into the Indonesian legal system to uncover the legal problems that may hinder or discourage people from using this approach, despite the potentials benefits it possesses. Through the statutory approach, this research finds the links within the relevant laws and regulations that may or may not support the use of restorative justice approach to deal with juvenile sexual offenders. The analysis of this finds that the restorative justice approach is indeed beneficial and can help Indonesia in dealing with this issue by not only focusing on delivering justice and recovery the victims, but also holding offenders responsible without sacrificing their youth development and their future.

Green restorative justice approach in environmental issues to attain the sustainable development

Environmental has been a global issue. The industry entities have damaged the ecosystem severely, so the right approach to solve this problem is necessary. This study aims to discuss on the prospects of green restorative justice as the settlement of environmental cases, especially in broken environments due to the industry company activities. This qualitative study used the exploratory method about the chance of green restorative justice to settle the problem between corporations and communities which were damaged in their living area. The findings showed that green restorative justice could be another way to solve the environmental issues because the non-trial process took less time and low cost. Following that, another finding was that implementing re-greening of the ecosystem by the guilty company could be faster and more beneficial for the community as long as the other stakeholders involved, such as the government and media guarding the cases. Furthermore, this study can be used as a future way to face the conflict between the corporation and the society where the environment is the victim, so that sustainable development can be attained.

Legal Reconstruction of the Prosecutor Authority in the Settlement of Juvenile Crime Based on Pancasila Restorative Justice

Oversight of the case settlement process using a restorative justice approach and the implementation of the resulting agreement rests with the direct supervisor of the responsible official at each level of examination. As long as the restorative justice process takes place and after restorative justice is carried out, social counselors are required to provide guidance and supervision. If the restorative justice agreement is not carried out within the time specified in the agreement, the social adviser immediately reports to the responsible official. The approach method used in this study is the juridical-normative research method, which is a research method that examines secondary data (data that has been documented). The results of this study are (1) Weaknesses of restorative justice policies in cases of children as perpetrators of crimes are Weaknesses in Legal Substance is Article 7 of the Juvenile Criminal Justice System Law which explains the implementation of diversion at the level of investigation, prosecution, and examination of child cases in District Court. The weakness of the legal structure is that law enforcement officials, especially the National Police, who are part of the criminal justice subsystem, are required to seek settlement of child cases as perpetrators of crimes through restorative justice. The weakness of the Legal Culture is the low level of public understanding in terms of understanding the investigation process through diversion, where often the parties (perpetrators and victims) ask for diversion even though the formal requirements for diversion are not fulfilled/the threat is more than 7 years and is a repetition of a crime. (3) Reconstruction of Article 140 (2) letter (a) by adding a termination of prosecution based on the concept of restorative justice.

FACTOR ANALYSIS ENFORCEMENT LAW AGAINST CRIMINAL ACTS OF ABUSE PERFORMED BY STUDENTS

The purpose of this study is to investigate the application of criminal law in response to acts of mistreatment done by students in Parepare City, as well as the factors that influence the application of criminal law in response to criminal acts of mistreatment committed by students in Parepare City. This study was carried out with the help of empirical research methodologies, including primary and secondary data, as well as data collection methods including interviews, observations, and analyses of published literature. After all of the preliminary and secondary data have been collected, they are then subjected to a qualitative analysis, after which they are characterized descriptively and organized systematically. According to the findings of the research, (1) the enforcement of criminal law in Parepare City against criminal actions of persecution conducted by students is not operating at an optimal level. Because of this, the administration of criminal law is conducted using a restorative justice approach at all stages of the process, including investigation, prosecution, and examination in court; (2) The legal and statutory considerations, law enforcement apparatus factors, and community factors are the three categories of elements that have an impact on how the criminal law is enforced in Parepare City in relation to the crime of persecution committed by students.

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

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

Penetapan Pengadilan sebagai Muara Dalam Penyelesaian Perkara Pidana di Luar Pengadilan Yang Menggunakan Pendekatan Restorative Justice

estorative justice is a new approach in solving criminal cases. This approach emphasizes theinvolvement of the parties, whether victims, perpetrators, or related parties, with processes and goals thatseek recovery, and not just retaliation. The restorative justice (RJ) approach in practice in Indonesia wasfirst recognized within the scope of juvenile justice, but developments in the police, prosecutors also applythe RJ approach in the settlement of criminal acts that are resolved outside the court. The fact is that thearrangements in each of these institutions have different stages and their completion and supervision onlyinvolve one administering agency. Even though referring to the concept of an integrated criminal justicesystem that law enforcement agencies must have integration and synergy. So it becomes important whenthere is a settlement of a case using a restorative justice approach that is carried out outside the court toask for a court order to guarantee legal certainty. In the discussion it was found that the mechanism forimplementing the RJ has not yet been regulated in the form of a comprehensive regulation in the form of alaw so there is concern that it will have a level of disparity in its implementation. The results of this studyindicate that the settlement of criminal acts outside the court is regulated in the form of laws as in thejuvenile justice system and agreements for settlement of criminal acts must be determined in the form ofcourt orders.

Urgency and Role Attorney in Apply Restorative Justice to Settlement Case Act Criminal Corruption in Indonesia

Attorney as apparatus enforcer given law _ authority by Constitution For eradicate follow criminal corruption emit policy in circular form by prosecutor Young Great Action Criminal Special with Number : B- 1113/F/Fd.1/05/2010 about Priority And Achievement in Handling Case follow Criminal Corruption Which instruct For make an effort return loss country use approach restorative justice For follow criminal corruption with loss country scale small . Problems Which lifted in study This is How What is the urgency and role of the prosecutor's office in applying restorative justice to the settlement of corruption cases in Indonesia. Study uses method normative juridical with analysis qualitative. The restorative justice approach used by the Attorney General is by prioritize settlement case scale big fish Andmake an effort return loss country.

Ideal Traffic Accident Crime Case Resolution based on Restorative Justice

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

Penghentian Penyidikan Oleh Kepolisian Dalam Penegakan Hukum Pidana Dengan Pendekatan Keadilan Restoratif (Studi Pada Kepolisian Daerah Aceh)

The formulation of the problem in this study is related to regulation, the actualization of stopping investigations with a restorative justice approach at the Aceh Regional Police Office, and efforts to overcome obstacles to the application of restorative justice in the process of handling criminal cases from a legal perspective. The method used is empirical juridical research. Empirical juridical, namely a study that besides looking at positive legal aspects also looks at its application or practice in the field, in this case the approach is used to qualitatively analyze the termination of investigations with a restorative justice approach at the Aceh Regional Police Office. From the results of the study, the legal arrangements governing the termination of investigations using a restorative justice approach are regulated in Perpol 08 of 2021 which in practice contain formal and material requirements. The actualization of the application of stopping investigations with a restorative justice approach has been carried out 10 (ten) times at the Aceh Regional Police and has been running well in accordance with the internal rules of the police institution. Judging from the legal aspect, the Criminal Procedure Code does not regulate the termination of investigations on the grounds of restorative justice, so that it raises doubts for investigators in actualizing the termination of investigations with a restorative justice approach.

Restorative Justice: An Approach in the Settlement of Land Crimes in the Indonesian National Police

This study examines the use of restorative justice in dealing with land crimes at Police level. Land disputes that were originally civil often turn criminal. Various crimes on land are often under the jurisdiction of the South Sulawesi Regional Police. This study aims to identify and analyze the approach of restorative justice in solving land crimes as a police discretion and the implementation of restorative justice in solving land crimes by Indonesian National Police investigators. The restorative justice approach is part of the Polices discretion to deal with land crimes. The discretion given to police organizations cannot be separated from the universal nature of police law enforcement. This approach empowers the police to explore community values in solving land crimes through restorative justice. Among other things the negotiation of peace between victims and perpetrators of crimes on earth. The application of restorative justice in dealing with crimes on land is carried out through discussions between the complainant and the reported mediated by Indonesian National Police investigators. Afterwards the record of the peace agreement was signed and the report to the police station was cancelled. The application of restorative justice to land crimes aims to restore social cohesion in society. Cohesive values of unity become fragile when legal issues are passed over to pro-justice.

Juvenile Justice and John Rawls’ Justice Perspective on Serious Crime Committed by Minors

The management of minors in legal trouble continues to be geared toward a restorative justice approach as it develops. Unfortunately, as of yet, the method for putting the restorative justice concept into practice is still dispersed over a number of linked institutional norms and has not been incorporated into laws. The goal of this study is to evaluate the juvenile court system’s rules for providing for minors who need legal assistance as well as John Rawls’ perspective on justice as it relates to significant crimes committed by juveniles, which is now handled using a restorative justice strategy. This research uses normative legal methodologies in conjunction with statutory, conceptual, and case approaches. According to the findings of the study, the juvenile justice system in Indonesia continues to prioritize the interests of the minors; this is done so that perpetrators do not lose their rights as a kid or the future generation. Nonetheless, in serious crimes, such as murder, the kid (perpetrator) can be condemned to jail for no more than 1/2 (one-half) the maximum term of imprisonment for adults. According to John Rawls’ perspective on justice, these requirements are adequate to provide justice. But, in order to build a restorative strategy, policies at the level of legislation that may give legal certainty must be developed, especially for law enforcers such as judges in imposing criminal sanctions so as not to offend the sense of justice for victims.

Non-Procedural Dispute Resolution: Study of the Restorative Justice Approach Tradition in Indonesian Society.

The Indonesian Muslim community is familiar with restorative justice. The substance of restorative justice is building joint participation between perpetrators and victims through third parties. The objectives of this study are: to describe restorative justice in the traditions of Indonesian Muslim society and to examine the relevance of restorative justice for the settlement of criminal cases in the future. This research uses a philosophical approach, namely legal construction at an ideal level in the future. The results show that the restorative justice approach has strong roots in Indonesian Muslim society, namely deliberation to reach a consensus. Deliberative institutions are held to find solutions that can satisfy all parties. In the future, restoration justice needs to be applied in Indonesia in resolving criminal cases, especially crimes against life. The restorative justice approach offers a different view from the approach applied in the current criminal system.

THE PROSECUTOR'S LEGAL POLICY IN ENACTING RESTORATIVE JUSTICE ON CRIMINAL CASE

The Prosecutor's Office of the Republic of Indonesia has a strategic role and obligation in optimising the law enforcement process, including through progressive policies. One form of this policy is the regulation of the mechanism for stopping prosecution through Prosecutor's Regulation Number 15 of 2020. This study aims to examine two main issues: First, How is restorative justice adopted in Indonesian criminal law? Second, How is the substance in the prosecutor's regulation number 15 of 2020 according to the perspective of restorative justice? This study is a doctrinal legal research with a conceptual and statutory approach. Data was obtained from primary and secondary legal materials which were inventoried through a literature study. The Data were then analyzed qualitatively with descriptive-analytical presentation. The finding concludes that: First, in the Indonesian context, restorative justice was initially unknown in the Criminal Code, but it gradually began to be adopted through criminal law reforms such as the SPPA Law, which regulates restorative justice in the form of a diversion policy. Restorative justice can also be used in certain types of crimes, such as minor offenses, cases involving women in conflict with the law, and narcotics offenses. Second, the substance of Prosecutor's Office Regulation No. 15 of 2020 is primarily consistent with the concept of restorative justice. A number of provisions have prioritized the peace aspect by involving all parties, both victims and perpetrators, in a fair and impartial manner. The basic considerations, qualifications, and exceptions are also prepared proportionally while preserving the law and public interests in mind. As a result of this legal policy, the paradigm in criminal case settlement has shifted from a retributive (punishment) approach based on due process of law to one that is rehabilitative and restitutive based on a restorative justice approach.

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

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

PARADIGM OF PUNISHMENT AMOUNT OF STATE FINANCIAL LOSSES IN CORRUPTION CRIMES: A RESTORATIVE JUSTICE APPROACH

According to Jeremy Bentham, punishment should not be employed or inflicted if it is unjustified, unnecessary, unprofitable, or ineffectual. In the writing of this essay, this idea—which is connected to the paradigm of criminalizing state financial losses from corruption activities under $50 million by employing a restorative justice approach—will be explored in greater detail. A restorative justice method is more readily applicable to criminal acts of corruption with relatively small amounts of state losses, especially in light of the enactment of Law No. 1 of 2023 about the Criminal Code (New Criminal Code). This article employs normative legal research methodologies, including statutory, conceptual, and case approaches. The study's findings indicate that there has been a movement in the sentencing paradigm, formerly in the Wetboek van Strafrecht (Old Criminal Code), which was more geared towards the theory of retribution and relative theory, towards a more restorative character. Punishment is more concentrated in this restorative approach, with the goal of recouping state financial losses. As a result, the core principle that has been integrated into the New Criminal Code about the goal of punishment can be a place for law enforcers to design a model or plan for settling corruption offenses that number less than 50 million using a restorative justice approach.

The Application of Restorative Justice for Children as Criminal Offenders in the Perspective of National Law and Qanun Jināyat

This study aims to examine the application of restorative justice to children as criminal offenders based on the 2012 SPPA Law and the 2014 Qanun Jināyat. This study is an empirical legal study using a statutory approach and restorative justice theory. Data collection techniques were carried out through in-depth interviews and literature studies. The results of the study show that Article 5 paragraph (1) of the 2012 SPPA Law stipulates that if a child commits a crime or jarīmah, a restorative justice approach must be prioritized, and in Article 7 paragraph (1), it is stated that at investigation, prosecution, and examination level of a child's case in the district court, it is mandatory to attempt diversion. The Qanun Jināyat of 2014 does not separately regulate the settlement of children who commit crimes. However, it designates laws and regulations regarding juvenile justice. Qanun Jināyat regulates the handling of children who carry out a jarīmahikhtilaṭ to carry out an examination guided by the law mentioned above. However, in the case of children who commit crimes of ikhtilaṭ and are investigated by the police, the process is carried out in a restorative justice and diversionary manner. The forms of settlement in restorative justice are reconciliation with or without compensation, return to parents or guardians, social rehabilitation, and religious rehabilitation. This study argues that restorative justice treats children in a dignified manner oriented towards juctice and the interests of the child. Likewise, the study shows that SPPA Law and Qanun Jināyat complement each other.

Legal Reconstruction of Traffic Accident Settlement Based on Restorative Justice

The objectives of this research are to analyze and find legal weaknesses in the settlement of traffic accident cases using a restorative justice approach and how to reconstruct the legal settlement of traffic accident cases with a restorative justice approach. The method used in this study uses an empirical approach and a normative juridical approach with the paradigm used by the constructivism paradigm. The results of the research show that the Weakness of the law in the settlement of traffic accident cases is in the lack of integration of legal arrangements for the settlement of criminal cases in the criminal law system, especially in the Criminal Procedure Code according to the rules of each institution. As a result, arrangements for settling cases based on restorative justice have not been able to guarantee legal certainty Therefore the legal reconstruction of the settlement of traffic accident cases with a restorative justice approach proposed by the author can be done by revising the provisions of Article 230 and Article 235 of Law no. 22/2009 concerning LLAJ, so that light, moderate and severe traffic accident cases can be resolved based on restorative justice. In addition to this, for heavy traffic accidents that cause fatalities, the settlement of cases based on restorative justice must not abort the prosecution of cases as it involves fatalities and therefore it must be processed normally.

Restorative Justice-Based Law Formulation on Corruption Case: A Philosophical Analytic

In Indonesia, corruption has been going on for a long time. It has touched almost all sectors of societal life. So far, there are already efforts to eradicate the act of corruption, though they are working very slowly. There are inadequate legal instruments to eradicate corruption. Thus, to resolve this, the restorative justice philosophy should be applied. The restorative justice approach is not impossible to be applied in punishing corruption perpetrators in Indonesia. The research problem of this paper is: How is the application of restorative justice as an implementation of the ultimum remedium in the effort to recover state financial assets as a method to punish corruption perpetrators? This was normative legal research with philosophical and conceptual approaches. Results show that the application of restorative justice as an implementation of ultimum remedium to return state financial assets to punish corruption perpetrators may be implemented by strengthening norms on returning state losses. This can be carried out by changing the sanction of fines from an additional sanction into a principal sanction. Then, to anticipate perpetrators who cannot repay those losses, the concept of forced labor may be applied to punish corruption perpetrators.