Journal articles on the topic 'Justice, restorative justice, criminal wrongdoing, criminal justice system'
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1
Chariri, Agus. "Criminal Settlement Of Criminal Acts Of Motorcycle Theft By Child Through Restorative Justice." International Journal of Educational Research & Social Sciences 3, no. 4 (September 1, 2022): 1359–67. http://dx.doi.org/10.51601/ijersc.v3i4.442.
Abstract:
A criminal act is an unlawful behavior carried out by an individual and must be punished for the wrongdoing as stated in the law. Criminal acts committed by children or known as juvenile delinquency are now increasingly widespread and varied, both in frequency in quantity or in seriousness in quality in the form of crime. If child crime develops rapidly and widely, what happens is that children who commit crimes will grow into adults and have the potential to become criminals if there is no serious response early on. This study uses an approach with a normative juridical method with a descriptive analytical research specification. The data used is secondary data. Based on the research results, the conclusions in this study include 1) The factors that cause children to commit the crime of theft include internal factors (personality), environmental factors and economic factors. 2) Implementation of restorative justice in handling the crime of motorcycle theft which is in accordance with the Implementation of the Diversion Child Criminal Justice System Law Number 11 of 2012. In applying restorative/diversion justice, there are always efforts for every child who commits a crime. In some cases, diversion can be carried out with the consent of all parties, so that the case does not reach the prosecution level. Restorative justice only applies to petty crimes, with mediation through deliberation. The application of restorative justice has not been effective, because there are still people who fail to implement the purpose of diversion in the investigation of criminal cases of theft of children's motorcycles, especially the police have not implemented the purpose of restorative justice. Everything from the number of children who steal motorcycles. 3) Obstacles in overcoming the crime of motorcycle theft by children through restorative justice, namely the difference in perceptions related to the meaning of justice by restorative justice actors and the existence of an incosystem in the implementation of regulations, especially those regulated in article 7 paragraph (2) of law number 11 of 2012 about the juvenile criminal justice system.
2
Vasiljevic-Prodanovic, Danica. "Restorative justice within the criminal justice system." Temida 13, no. 3 (2010): 57–68. http://dx.doi.org/10.2298/tem1003057v.
Abstract:
Positioning of restorative justice within the criminal justice system is one of the current questions preoccupying theorists and practitioners in the field. During decades restorative justice processes have been predominantly used within juvenile justice systems for dealing with minor offences committed by juveniles. Number of jurisdictions in Europe, USA, Canada, Australia have criminal codifications containing provisions that enable use of restorative justice processes in aim of diversion. Recent initiatives create possibility of applying restorative procedure in cases of serious crimes committed by adult offenders. This article reviews theoretical discussions and practical issues relating the scope and tasks of restorative justice within criminal justice, which may contribute to the development and use of restorative processes in our criminal justice system.
3
Awaliah Nasution, Nurul Putri, Fathul Hamdani, and Ana Fauzia. "The Concept of Restorative Justice in Handling Crimes in the Criminal Justice System." European Journal of Law and Political Science 1, no. 5 (November 28, 2022): 32–41. http://dx.doi.org/10.24018/ejpolitics.2022.1.5.37.
Abstract:
Settlement of criminal cases through restorative justice, focusing directly on perpetrators, victims, and the community in the process of resolving criminal cases, Formulation of the problem how the concept of restorative justice in criminal law reform and prospects for the formulation of restorative justice in criminal law reform, using normative research methods. Based on the results of the study, it can be concluded that the concept of restorative justice can become permanent legal politics in building the national criminal law system in the future. The draft Criminal Code has accommodated the principle of restorative justice participation as a method of resolving problems outside the court, so it is very possible if the concept of restorative justice is used as a criminal law reform in Indonesia in the future and the prospects for the formulation of restorative justice in criminal law reform have been adapted in Indonesian law by the existence of regulations made by law enforcement, where the principle of restorative justice regulated in the internal provisions of case settlement from law enforcement and it is implemented sectoral and doesn’t use a criminal law policy theory approach, namely the renewal of criminal law through the formation of laws and restorative justice theory as a whole, namely as the approach to the concept of restorative justice. The response to a restorative justice settlement has received a positive appreciation from the community and law enforcement officials. It is suggested the need to accommodate the settlement of criminal cases through restorative justice against criminal acts in the Criminal Procedure Code and the Criminal Code that will come with certain conditions. Such a process also needs to be applied at all stages of the examination, starting from the investigation, prosecution, and trial.
4
Hendarto, Yudi, and Umar Ma'ruf. "Diversion In Children Criminal Justice System Through Restorative Justice." Jurnal Daulat Hukum 1, no. 2 (June 6, 2018): 331. http://dx.doi.org/10.30659/jdh.v1i2.3269.
Abstract:
The formulation of the problem and the purpose of this study is to describe and analyze the diversion urgency in handling juvenile criminal cases, and to describe and analyze Perma No. 4 of 2014 on Diversion in criminal matters menyelesaian children through restorative justice approach. This research method using normative legal research methods dengn type of research is descriptive analytical.� Based on the analysis result No. 4 of 2014 can be presented the following results, that Perma No. 4 of 2014 is needed in handling juvenile criminal cases. This is because during this time the condition of children who are in the coaching institutions, detention and permayarakatan far worse than a face appeared positive aspects of child development. Mixing children with adults in penitentiary have negative effects and its own psychological burden for the child, because he considered himself the same as adults with Perma No. 4 of 2014.Keywords: Diversion, Child Criminal Justice System, Restorative Justice
5
Alobo, Eni E., and John Inaku. "AN APPRAISAL OF THE PRINCIPLE OF RESTORATIVE JUSTICE IN THE NIGERAIN CRIMINAL JUSTICE SYSTEM." International Journal of Engineering Technologies and Management Research 5, no. 12 (March 24, 2020): 134–45. http://dx.doi.org/10.29121/ijetmr.v5.i12.2018.335.
Abstract:
This paper examined the criminal justice system of Nigeria by essentially highlighting the gaps and the resultant effects of a criminal jurisprudence that was pivoted on the retributive criminal justice system only. The work conceptually analyzed the principle of restorative justice and appraised the provisions for the principle of restorative justice in the Administration of Criminal Justice Act of 2015. The paradigm shift from retributive to restoration justice as provided by the Administration of Criminal Justice Act of 2015 and the laudable consequences arising therefrom was underscored. To achieve the set goals the paper discussed the Nigerian Criminal Justice System, Restorative Justice in Perspective, the Innovative Provisions of the ACJA 2015 on Restorative Justice and New Direction for Criminal Justice in Nigeria. It concluded with a call on other States of the Federation to emulate the Federal Government in re-couching their criminal justice system on the principle of restorative justice.
6
Ab Aziz, Norjihan, Nurah Sabahiah Mohamed, Nasimah Hussin, and Najaa Syahirah Samsudin. "Restorative Justice in The Child Justice System: Implementation in Other Jurisdictions." Malaysian Journal of Social Sciences and Humanities (MJSSH) 7, no. 6 (June 27, 2022): e001561. http://dx.doi.org/10.47405/mjssh.v7i6.1561.
Abstract:
Developments in the child criminal justice system internationally, indicate that restorative justice has been adopted as one of the mechanisms of resolving criminal cases. Some countries, such as the United Kingdom and New Zealand integrate restorative justice process into the child justice system to complement the available law in dealing with child offenders. It can be regarded as an alternative or complementary to the child justice system that allows the perpetrator and the victim to resolve the criminal dispute based on their needs and interests with the assistance of a neutral third party. Unless the discussion or agreement is unable to reach, the case will be forwarded to the court that has jurisdiction to hear and determine the case. However, Malaysia does not have specific provisions in the law that allow criminal offences committed by a child to be resolved through restorative justice. Thus, this article examines the concept of restorative justice and its implementation in the child criminal justice system in New Zealand and the United Kingdom. This article also examines Malaysian position on restorative justice for child offenders and how it can be integrated into the Malaysian child justice system. It is proposed that the Child Act 2001 be amended so that restorative justice can be introduced and implemented as part of the child justice system in Malaysia. This article adopts qualitative research with reference to printed and online materials such as books, journal articles, acts, and decided cases that are available in the library and the internet.
7
Copic, Sanja. "The notion and basic principles of restorative justice." Temida 10, no. 1 (2007): 25–35. http://dx.doi.org/10.2298/tem0701025c.
Abstract:
One of the most important achievements of the contemporary criminal justice system and criminal policy is development of the concept of restorative justice. Contemporary concept of restorative justice was developed in 1970s on the basis of the criticism of the traditional criminal law and criminal justice system. Since that time, it has been developing through different programs in many countries. Reform of the criminal justice system in Serbia staring from 2002 went into direction of entering elements of restorative justice into existing criminal justice system. In that sense, development of restorative justice is still at the beginning in our country. However, it can be noticed that there is a low level of awareness on the nature and importance of restorative forms of response to crime among our professionals, as well as a lack of understanding of the concept itself. Due to that, the aim of the paper is to enable better understanding of restorative concept in general through defining restorative justice and basic principles it relies on. That may put a basis for further recognition of restorative elements in our criminal justice system, which may provide adequate implementation of relevant provisions of restorative character in practice. .
8
O’Mahony, David. "Criminal Justice Reform in a Transitional Context: Restorative Youth Conferencing in Northern Ireland." International Criminal Law Review 12, no. 3 (2012): 549–72. http://dx.doi.org/10.1163/157181212x650001.
Abstract:
This article examines the incorporation of restorative principles and practices within reforms of Northern Ireland’s youth justice system, adopted following the peace process. It considers whether restorative justice principles can be successfully incorporated into criminal justice reform as part of a process of transitional justice. The article argues that restorative justice principles, when brought within criminal justice, can contribute to the broader process of transitional justice and peace building, particularly in societies where the police and criminal justice system have been entwined in the conflict. In these contexts restorative justice within criminal justice can help civil society to take a stake in the administration and delivery of criminal justice, it can help break down hostility and animosity towards criminal justice and contribute to the development of social justice and civic agency, so enabling civil society to move forward in a transitional environment.
9
Rahiminejad, Esmaeil. "Iranian Criminal Justice System from the Perspective of Restorative Justice Models." Scholars International Journal of Law, Crime and Justice 5, no. 10 (October 18, 2022): 468–76. http://dx.doi.org/10.36348/sijlcj.2022.v05i10.010.
Abstract:
Different systems of criminal policy including governmental and social have followed various restorative justice models such as "abolitionist or pure-minded", "separatist or autonomous" and "reformist or maximalist", based on their prevailing political, doctrinal, and ideological values and discourses, and in this regard have focused on various restorative programs such as arbitration councils, mediation, family sessions, as well as healing and sentencing circles. Iranian criminal justice system, unlike other systems, has adopted a different approach to restorative justice, due to its special legal and political structure. This paper analyzes the structure of this system from the perspective of restorative justice models and processes. It explains the prevailing and common model of restorative justice in this system and its limitations and challenges.
10
Hafrida, Hafrida. "RESTORATIVE JUSTICE IN JUVENILE JUSTICE TO FORMULATE INTEGRATED CHILD CRIMINAL COURT." Jurnal Hukum dan Peradilan 8, no. 3 (December 12, 2019): 439. http://dx.doi.org/10.25216/jhp.8.3.2019.439-457.
Abstract:
The purpose of this article is to formulate the concept of restorative justice which balanced to protect between child offenders and the victims through the diversion (Victim-offender oriented). This goal will be realized through normative research (legal research) based on Restorative Justice concept. In Law Number 11 of 2012 concerning the Child Criminal Justice System the process (SPPA Law), its prioritizes the Diversion Process (Settlement outside the court) carried out through a Restorative Justice approach. Article 5 paragraph (2) of the SPPA Law states Restorative Justice is the settlement of criminal cases by involving perpetrators, victims, families of perpetrators /victims, and other related parties to jointly to find a fair solution by emphasizing recovery and not based on revenge. Empirical conditions show that balanced legal protection between criminal offenders and victims has not implemented. Evaluation of Law Number 11 of 2012 is needed to formulating the Integrated Child Criminal Court.
11
Shen, A., and G. A. Antonopoulos. "Restorative Justice Or What?: Restorative Justice in the Chinese Youth Justice System." European Journal of Crime, Criminal Law and Criminal Justice 21, no. 3-4 (2013): 291–315. http://dx.doi.org/10.1163/15718174-21042031.
Abstract:
This article aims to examine restorative justice (RJ) practices in China’s youth justice system, seeking to make contributions to the global effort of operationalising the notion. It begins with an outline of the Chinese youth justice system. Following a brief literature review on RJ movements in China, it moves on to introduce the current programmes in the country’s youth justice practices, including those similar to the Western notion of RJ and those recognised as RJ only in China, and the legal mechanisms facilitating the development of restorative justice. It concludes that China is in its own way translating the critical values of RJ theory into its youth justice system, leaning towards a better one for juveniles. The development of restorative justice and criminal justice as a whole in China is a work in progress. Local variations and timeframe for development should be permissible in its legal reform.
12
Utami, Pangestika Rizki. "KONSEP DIVERSI DAN RESTORATIVE JUSTICE SEBAGAI PERGESERAN TANGGUNG JAWAB PIDANA PADA SISTEM PERADILAN PIDANA ANAK." Volksgeist: Jurnal Ilmu Hukum dan Konstitusi 1, no. 1 (October 17, 2018): 95–106. http://dx.doi.org/10.24090/volksgeist.v1i1.1691.
Abstract:
The concept of diversity and restorative Justice is a criminal cases settlement form that provide children protection by promoting the best interest of the child principle. To protect children from the formal process of criminal justice system, the legal and humanitarian experts conceptualize the act of removing child who has allegedly committed a criminal offense from the general criminal justice process by providing an alternative punishment that is considered better for children. The concept of diversion is created based on the fact that the criminal justice process for children as the perpetrators through the conventional criminal justice system causes more harm than good. Restorative Justice is a fair resolving criminal cases system with by emphasizing recovery in its original state. This article will discuss about the shifting of children criminal responsibility from conservative criminal penalties to child friendly criminal penalties with the concept of diversity and restorative justice.
13
Puspitosari, Hervina, and Bintara Sura Priambada. "Victim Impact Statement Model in Criminal Justice System in Restorative Justice Perspective." SHS Web of Conferences 54 (2018): 07006. http://dx.doi.org/10.1051/shsconf/20185407006.
Abstract:
Practice of restorative justice is the handling of criminal acts that are not only seen from the perspective of the law, but also related to moral, social, economic, religious and customary aspects. Local customs, as well as various other restorative considerations will deal with the perpetrators, victims, and stakeholders in the community, in collective problem solving, the purpose of which is to repair damage, restore the quality of relationships and facilitate the reintegration of the parties involved and related. This study uses research methods with a normative juridical research approach. Restorative Justice, namely the punishment imposed by the court is a punishment aimed at maximizing the condition of the victim as before the criminal incident befell the victim. The issue of justice and respect for human rights does not only apply to criminals but also victims of crime who must get a sense of justice so that the objective of the criminal justice system can be achieved with a sense of justice for the victims and perpetrators. It is very important to immediately make efforts to reform the criminal law that puts forward the substantial justice of victims and perpetrators.
14
John Kilatu Lsosf, Ester. "CRIMINAL JUSTICE QUAGMIRE: THE NEED FOR RESTORATIVE JUSTICE IN TANZANIA." International Journal of Advanced Research 10, no. 12 (December 31, 2022): 1289–99. http://dx.doi.org/10.21474/ijar01/15968.
Abstract:
Criminal Justice is paramount to guarantee a fair and just society. Over decades the public has been disgusted and befuddled at the exertion of some agencies in justice system. Sporadically, some police officers have been cited to be biased and tend to brutalize people in their custody. Besides, prosecutors have arraigned suspects in a selective manner, albeit it is undisputable that judges and magistrates have been occasionally accused for inordinate delay in dispensation of cases and for being biased where the victim is always a loser while some convicts pay fines to state coffers which only benefits the state. Further, there is a serious agony on congestion of prisons as the number of inmate is double the capacity of the building. It is undetermined whether public expectations in criminal justice system is rational or rather a matter of comparison. Consequently, it is unreasonable to expect a fair and efficacious justice system in which the lower social economic class rights is at stake. Accordingly, one could argue that Restorative Justice provide an alternative to criminal justice system since its procedures accommodates the needs of victims, offenders and the community by addressing harm, restoring relationship hence improve public confidence and satisfaction. This paper therefore, seeks to resolve the quagmire in criminal justice by mitigating its rigor with restorative justice.
15
Satriadi, Satriadi. "Restorative Justice the Limitations of Authority of Police and Prosecutors in the Criminal Justice System." Al-Bayyinah 6, no. 1 (May 19, 2022): 11–21. http://dx.doi.org/10.35673/al-bayyinah.v6i1.2594.
Abstract:
This study discusses the limits of authority of the police and prosecutors in implementing restorative justice in criminal cases. The Indonesia National Police, the Attorney General Office of the Republic of Indonesia, have implemented the principle of restorative justice as a form of dealing with criminal cases. The Indonesian National Police makes further regulations for each law enforcement agency with the principle of restorative justice which will be used as a guide in handling criminal cases, including Circular Letter of The Chief of Indonesia National Police No. SE/8/VII/2018 of 2018, The Chief of Indonesia National Police Regulation No. 6 of 2019, the Attorney General Regulation No. 15 of 2020. To analyze and understand restorative justice and the limitations of the police and prosecutor's authority in the criminal justice system, this study uses a normative legal research method, the data obtained through a literature study. The results show that restorative justice must be accompanied by an understanding of the concept of police discretion, because there is a relationship between discretion and restorative justice. The statement of reconciliation between the perpetrator and the victim contained in the statement letter should be the basis for investigators to terminate the investigation (SP3) other than those stipulated in Article 109 of the Criminal Procedure Code and the case is considered completed in Law Number 16 of 2004 concerning the Attorney Office of the Republic of Indonesia, in Article 35 letter c. The Attorney General of the Republic of Indonesia has released a regulation concerning Termination of Prosecution Based on Restorative Justice as contained in the Attorney General Regulation Number 15 of 2020. Based on this regulation, the public prosecutor has a strong legal basis for terminating prosecution of defendants in certain criminal acts and if between the victim and the defendant have an agreement to make peace.
16
Karangan, Intan. "Implementation Of Law Number 11 Of 2012 Concerning Child Related Criminal Justice System Concept Restorative Justice." Pattimura Law Journal 1, no. 1 (September 1, 2016): 67. http://dx.doi.org/10.47268/palau.v1i1.10.
Abstract:
This study aims to determine how the application of the concept of restorative justice in accordance with Law No. 11 of 2012 on Child Criminal Justice system. This study uses normative namely a study that discusses the problem based on the literature and legislation relating to the matter to be investigated. Law No. 11 of 2012 on the Criminal Justice System Child has provided a new concept in the criminal justice system, especially those in the juvenile justice system. Related to the concept of Restorative Justice or restorative justice is a resolution processes involving perpetrators, victims, families, and other relevant parties in a criminal act, jointly seek solutions to the offense and its implications by emphasizing restoration and not retribution.
17
Karangan, Intan. "Implementation Of Law Number 11 Of 2012 Concerning Child Related Criminal Justice System Concept Restorative Justice." Pattimura Law Journal 1, no. 1 (September 1, 2016): 67. http://dx.doi.org/10.47268/palau.v1i1.2016.10.
Abstract:
This study aims to determine how the application of the concept of restorative justice in accordance with Law No. 11 of 2012 on Child Criminal Justice system. This study uses normative namely a study that discusses the problem based on the literature and legislation relating to the matter to be investigated. Law No. 11 of 2012 on the Criminal Justice System Child has provided a new concept in the criminal justice system, especially those in the juvenile justice system. Related to the concept of Restorative Justice or restorative justice is a resolution processes involving perpetrators, victims, families, and other relevant parties in a criminal act, jointly seek solutions to the offense and its implications by emphasizing restoration and not retribution.
18
Fahmi, Fahmi, Rai Iqsandri, and Rizana Rizana. "The Use Of The Concept Of Restorative Justice Against The Criminal Act Of Murse In The Policepekanbaru City Resort." Jurnal Gagasan Hukum 4, no. 01 (June 30, 2022): 42–49. http://dx.doi.org/10.31849/jgh.v4i01.10165.
Abstract:
Criminal law regulations must be in accordance with the justice system. The justice system in Indonesia is made so that there is justice for the community. One of the existing laws is criminal law. the rules made in criminal law have a purpose that can provide order, a sense of security and sanctions for the perpetrators. The purpose of the existence of the rule of criminal law is to correct the perpetrator and has the aim of a deterrent effect for people who commit crimes or violations. The criminal justice system also tends to be offender oriented, where victimology as a study must aim that the victim is given the rationale that the settlement of cases outside the court is necessary. As for example, namely the settlement of criminal cases with the concept of restorative justice (restorative justice). The concept of a restorative justice approach is an approach that provides justice and balance for fair victims and perpetrators
19
Witasari, Aryani, and Muhammad Sholikul Arif. "IMPLEMENTASI DIVERSI GUNA MEWUJUDKAN RESTORATIVE JUSTICE DALAM SISTEM PERADILAN PIDANA ANAK." Jurnal Hukum 35, no. 2 (December 11, 2019): 165. http://dx.doi.org/10.26532/jh.v35i2.11052.
Abstract:
The research objective is to identify and analyze the implementation of Diversion in order to realize Restorative Justice in the Juvenile Criminal Justice System in an effort to provide legal protection for child criminal offenders. The approach method used in this research is normative juridical or library law research or doctrinal law research, namely legal research by examining library materials and secondary materials, the results of the study found that the obligation to seek diversion with the Restorative Justice approach at every stage in the criminal justice process Children must be carried out in the Criminal Justice System, Diversion as a step towards transferring the settlement of children's cases from the criminal justice process to non-criminal justice processes by prioritizing the Restorative Justice approach which can be carried out by way of deliberation or mediation which emphasizes efforts to restore back to its original state in a friendly manner.
20
., Sugianto, and Wahyu Oktaviandi. "Strengthening Implementation of the Justice Restorative Justice in the Perspective of Law Number 16 Year 2004 on the Judiciary and Islamic Law." International Journal of Research and Review 8, no. 11 (November 30, 2021): 410–18. http://dx.doi.org/10.52403/ijrr.20211152.
Abstract:
Restorative Justice is an approach to justice that focuses on the needs of the victims and perpetrators of crime, as well as involving the community, not to follow the principle of punishment for the perpetrators accompanied by the consideration of the judges. The principle of Restorative Justice process of the completion of the action a violation of law that occurs is done by bringing victims and offenders together talking. The act of punishment alternative to using the justice restorative should be pursued by the state so that the adhesion of unity of the nation become strong and become potential of socio economic development and politics of the country. The propriety of the imposition of a criminal through the justice restorative so the duty and responsibility of law enforcement to sharpen legal analysis and sensitive conscience of humanity. justice restorative aims to reconcile the conflicting parties. If offenders could be rehabilitated with other measures that better then the punishment should be avoided. In the penalty ta'zir, forgiveness and granting the minimum penalty is the criminal justice system of Islam that can change the penal system of retributive to restorative. This research problem is how the strengthening of restorative justice in the settlement of the criminal case according to Law Number 16 Year 2004 On the Prosecutor's office? How the actualization of the completion of the criminal case through the restorative justice perspective of Islamic Law?. The purpose of this study was to determine the strengthening of restorative justice in the settlement of the criminal case according to Law Number 16 Year 2004 On the Prosecutor's office and find out the actualization of the completion of the criminal case through the restorative justice perspective of Islamic Law. Methods this research was conducted using qualitative research a research process and understanding based on the methodology that investigates a phenomenon of social and human problems. The results of this study concluded, that the strengthening of restorative justice in the settlement of the criminal case according to Law Number 16 Year 2004 On the Prosecutor's office through a mediation that can be used in resolving a criminal case. A new breakthrough in the Indonesian criminal justice system in the completion of a criminal offence outside the court. Keywords: Strengthening of Justice, Restorative Justice, Attorney General and Islamic Law.
21
Eliandi, Tito, Teguh Prasetyo, and Otto Yudianto. "Handling of children by diversion in children protection (Diversion and Restorative Justice)." Research, Society and Development 10, no. 1 (January 13, 2021): e26010111826. http://dx.doi.org/10.33448/rsd-v10i1.11826.
Abstract:
The best treatment for children who should be lived, with the best interests for the sustainability of human life. In handling criminal cases, the restorative justice approach provides different views and approaches to studying and dealing with a criminal act for the handling of restorative justice, that criminal acts are essentially from the viewpoint of criminal law in general, namely attacks on individuals and society as well as community relations. In restorative justice, it can also be found that the features of the formulation of justice are related to rights, judged by results. This meaning has brought a paradigm shift in understanding the concept of providing justice that is in the criminal justice system, it’s said that because in the concept of the criminal justice system in general, justice is considered to have been achieved, the value of the perpetrator can be sanctioned by the state and the victim doesn’t have a place in the settlement process, meanwhile. In the concept of a framework of restorative justice, perpetrators of criminal acts, victims and the whole community are involved in resolving criminal acts directly and focusing on recovery suffered by victims, while the state functions as a facilitator in the process of resolving criminal acts.
22
Adha, Mhd Hendara, Edi Warman, and Triono Eddy. "Analisis Hukum Tentang Tindak Pidana Seksual Yang Terjadi Di Kota Medan (Study PutusanNomor : 1840/Pid.B/2014/PN.Mdn)." ARBITER: Jurnal Ilmiah Magister Hukum 2, no. 2 (September 13, 2020): 194–200. http://dx.doi.org/10.31289/arbiter.v2i2.135.
Abstract:
This article discusses how the law arrangements in the juvenile justice in the process of resolving the case, How restorative justice restrictions in law enforcement in Indonesia and How the application of Restorative justice law in the process of settlement of criminal case in Criminal Law in Indonesia. This type of research is normative juridical that describes reviewing and explaining and analyzing normative provisions associated with restorative justice applicable in Indonesia. From the above discussion that restorative justice in the settlement of criminal acts committed by children is very concerned in rebuilding relations after the occurrence of criminal acts, rather than exacerbate the rift between the perpetrators, victims and the community which is the character of the current modern criminal justice system. The restorative criminal justice process holds the view that realizing justice is not only a matter of government and criminality, but more than that it must provide justice in totality that can not ignore the interests and rights of victims and society. Implementation of the principle of restorative justice and the process of diversion as an effort to solve crimes committed by children in formal juridical has been set clearly and firmly in Law Number 11 Year 2012 about kids of justice.
23
Et al., Ramlani Lina Sinaulan. "“RESTORATIVE JUSTICE IN MILITARY: PENAL MEDIATION IN THE DISPUTE SETTLEMENT OF TRAFFIC ACCIDENT COMMITTED BY INDONESIAN NATIONAL ARMY.”." Psychology and Education Journal 58, no. 1 (January 20, 2021): 5172–78. http://dx.doi.org/10.17762/pae.v58i1.1738.
Abstract:
This research attempts to introduce and integrate two relatively foreign concepts to each other; paradigm of restorative justice and military justice system. The aim is simple, namely to explore the extent and under what conditions these two routes of adjudication can function side by side without violating core principles of traditional military justice. This goal implies one important point; not all criminal cases that fall under the jurisdiction of military justice can be resolved using a restorative justice approach. The application of restorative justice in the settlement of traffic accident cases committed by TNI soldiers can only be implemented by reforming the three components of the legal system as stated by Lawrence Friedman, namely legal substance, legal structure and legal culture. Operationally, the application of restorative justice can be carried out in 3 (three) stages, namely investigation, prosecution and trial. However, the application of restorative justice at these three stages is not intended to replace the criminal justice system within the military court, because the restorative justice program is basically complementary and not a substitute for the criminal justice system.
24
Aji, Wikan Sinatrio. "The Implementation of Diversion and Restorative Justice in the Juvenile Criminal Justice System in Indonesia." Journal of Indonesian Legal Studies 4, no. 1 (April 23, 2019): 73–88. http://dx.doi.org/10.15294/jils.v4i01.23339.
Abstract:
Children are a younger generation successor to the nation that must be protected. In some cases children can do a mischief that fall into the categories of offenses and called as children in conflict with the law. Children in conflict with the law is different in terms of handling the criminal offenses committed by adults. Currently with Law Number 11 of 2012 on the Criminal Justice System of Children (SPPA) which has sought diversion and restorative justice in terms of handling child conflict with the law. From the results of this study concluded that the policy formulation the concept of diversion and restorative justice pursuant tonLaw Number 11 of 2012 on the Criminal Justice System of Children (SPPA) and its implementation rules have been set regarding policy concept of diversion and restorative justice with the aim that children who commit acts the criminal is no longer confronted in the judicial process but through an alternative solution,namely the completion of which is the restoration to its original state (restorative justice) will but of formulating the policy is still not perfect because it found some weakness. While in the implementation of diversion and restorative justice in the the settlement of children in conflict with the law in Pati District Court already sought remedies which reflect restorative justice approach by implementing law enforcement diversion and restorative justice but there are still many obstacles occurred in the settlement of children in conflict with the law in Pati District Court.
25
Kilekamajenga, Ntemi Nimilwa. "Learning from contemporary examples in Africa: Referral mechanisms for restorative justice in Tanzania." South African Crime Quarterly, no. 63 (March 30, 2018): 17–26. http://dx.doi.org/10.17159/2413-3108/2018/v0n63a4368.
Abstract:
Tanzania is one of the jurisdictions in Africa that follow an adversarial criminal justice system. Despite a number of problems associated with the fact that the criminal justice system over-utilises imprisonment, there is still a lack of diversionary measures to complement the system. This article investigates restorative justice as a complementary system to the Tanzanian criminal justice system, arguing that the law, including the constitution of the country, favours the application of restorative interventions. Invoking restorative justice mechanisms can, inter alia, relieve over-laden courts from the backlog of minor cases, and can help the government salvage funds by reducing the number of incarcerated offenders. It is further argued that restorative justice approaches that have been articulated in some juvenile justice systems in Africa can be adapted to suit the Tanzanian restorative approach for child and adult offenders.
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Kilekamajenga, Ntemi Nimilwa. "Learning from contemporary examples in Africa: Referral mechanisms for restorative justice in Tanzania." South African Crime Quarterly, no. 63 (March 30, 2018): 17–26. http://dx.doi.org/10.17159/2413-3108/2018/i63a4368.
Abstract:
Tanzania is one of the jurisdictions in Africa that follow an adversarial criminal justice system. Despite a number of problems associated with the fact that the criminal justice system over-utilises imprisonment, there is still a lack of diversionary measures to complement the system. This article investigates restorative justice as a complementary system to the Tanzanian criminal justice system, arguing that the law, including the constitution of the country, favours the application of restorative interventions. Invoking restorative justice mechanisms can, inter alia, relieve over-laden courts from the backlog of minor cases, and can help the government salvage funds by reducing the number of incarcerated offenders. It is further argued that restorative justice approaches that have been articulated in some juvenile justice systems in Africa can be adapted to suit the Tanzanian restorative approach for child and adult offenders.
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Enyew, Endalew Lijalem. "The Space for Restorative Justice in the Ethiopian Criminal Justice System." Bergen Journal of Criminal Law & Criminal Justice 2, no. 2 (December 31, 2014): 215. http://dx.doi.org/10.15845/bjclcj.v2i2.710.
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Nugraha, Nugraha, and Sukarmi Sukarmi. "Restorative justice in Settlement of Criminal Action of Grievant Delicion." Law Development Journal 2, no. 4 (February 14, 2021): 549. http://dx.doi.org/10.30659/ldj.2.4.549-556.
Abstract:
The objectives of this research are: To find out and analyze Restorative justice in the criminal law system in Indonesia. To find out and analyze the implementation of Restorative justice in the settlement of criminal complaints offenses. To find out and analyze the constraints on the implementation of Restorative justice in the settlement of criminal offenses complaints and their solutions.The method used by researchers isjuridical empirical legal approach and the specification in this research is including analytical descriptive. Based on the results of that research Restorative justice in the criminal law system in Indonesia, namely focusing on the needs of both victims and perpetrators of crimes. In addition, the Restorative justice approach helps criminals to avoid other crimes in the future. The implementation of Restorative justice in the settlement of criminal cases of complaint offenses at the Cirebon City Police using a retributive approach (retaliation) can shift to a restorative approach (recovery). The obstacle: The investigative authority granted by the Criminal Procedure Code. In the Criminal Procedure Code, investigators are given the authority to stop an investigation on the basis of the consideration that it is not a criminal act, insufficient evidence as a criminal act, and for the sake of the law. KUHAP regulates the withdrawal of reports or complaints only for certain cases, namely those which constitute offenses for complaints. The solution: In accordance with social jurispurdence theory. Propose to the highest leadership to formulate definite rules or organizational mission and the purpose of establishing a system (legalization) for the application of Restorative justice. Outreach to the community.
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Rise Karmilia and Dani Kurniawansyah. "Kebijakan Sistem Pemidanaan Dalam Upaya Perlindungan Hukum Terhadap Anak Sebagai Pelaku Tindak Pidana." Journal Of Juridische Analyse 1, no. 01 (January 6, 2022): 1–13. http://dx.doi.org/10.30606/joja.v1i01.1156.
Abstract:
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.
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Sukardi, Sukardi, and Hadi Rahmat Purnama. "Restorative Justice Principles in Law Enforcement and Democracy in Indonesia." Journal of Indonesian Legal Studies 7, no. 1 (June 1, 2022): 155–90. http://dx.doi.org/10.15294/jils.v7i1.53057.
Abstract:
Indonesian legal system has not yet adopted the concept and method of restorative justice; therefore, substantial justice for the Indonesian people has not yet been reflected in legal enforcement in the Pancasila democracy system. The research aims to elaborate on the existence of restorative justice in the criminal justice system, which supports the process of democracy in Indonesia. Normative research is used to establish the aim of the research by using secondary data and primary, secondary, and tertiary legal resources. The urgency of this article is to capture how the legal enforcer is using restorative justice. The findings and conclusion of the research determined that restorative justice is based on legal and cultural values in the society, which gave a conventional resolution that fulfils justice. The application of restorative justice is constructed through standard procedures based on the system theory approach, which accommodates all roles and functions of the criminal justice system elements. Therefore, legitimacy, legality, responsibility, and supervision are warranted philosophically, juridically, and sociologically. As a result, implementing the concept of restorative justice in the criminal justice system is a choice for the strategy in politics of law. Restorative justice will support the law enforcement in Indonesia as required in order to create democracy in Indonesia based on Pancasila and Constitution of 1945.
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Alwy, Muhammad Rijaldy. "THE ‘AFW PRINCIPLE AND THE INDONESIAN RESTORATIVE JUSTICE SYSTEM: A RESTORATIVE JUSTICE OBJECTIVE." JURNAL HUKUM ISLAM 19, no. 2 (November 29, 2021): 313–28. http://dx.doi.org/10.28918/jhi.v19i2.5021.
Abstract:
This article explains the implementation of the 'afw principle, a forgiveness principle known in Islamic criminal law, as an objective of Restorative Justice. Although the restorative justice has not been regulated in specific and comprehensive legislation in Indonesia, the restorative justice is currently regulated in at least three different institutional regulations, including the Circular Letter of the Chief of the Indonesian Police Number SE/8/VII/2018 (SE Kapolri), the Regulation of Indonesian Attorney Number 15 of 2020 (Perja), and the Decree of the Director General of the General Judiciary Body Number 1691/DJU/SK/PS.00/12/2020 (SK Dirjen Badilum). The three regulations provide a broad and slightly different explanation of how restorative justice objective is, which is likely to be interpreted in different means. However, the three institutional regulations have a similar approach to reconcile the victim and the perpetrator. The reconciliation seems to be a predominant restorative justice objective to enforce a criminal offence in Indonesia. The reconciliation is also deemed a final process of restorative justice, so the victims are perceived to have no further interest in charging the perpetrator with the criminal case. This article believes that the ‘afw principle can be implemented as a complement objective of restorative justice. Apologising for what the perpetrator committed to the victim and the forgiveness from the victim on what the perpetrator committed are essential bases of the ‘afw principle to realise the expected reconciliation. This research uses a doctrinal methodology by analysing primary data sources, such as Indonesian legislation and Islamic sources of law, and secondary sources from relevant literature. The result indicates that there has not been comprehensive Indonesian legislation on restorative justice, particularly in terms of the objective. Incorporating the 'afw principle as a restorative justice objective will provide more sense of justice for the victim and the alleged offender. Therefore, as a part of Indonesian criminal law reform, alongside the reconciliation approach as the final phase of the restorative justice process, the 'afw principle can be established as one of the objectives of restorative justice enforcement in Indonesia.
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Zulfa, Eva Achjani. "Implementation of Restorative Justice Principles in Indonesia: A Review." International Journal of Science and Society 2, no. 2 (May 20, 2020): 317–27. http://dx.doi.org/10.54783/ijsoc.v2i2.161.
Abstract:
Restorative justice is a phrase that is very popular among law enforcers understood in various dimensions. Simple questions about restorative justice whether a "principle" or "value" or "mechanism or even" program "is interesting to look at the understanding of policymakers and law enforcers as executors in line with efforts to implement it within the criminal equity framework and preventive endeavors and wrongdoing anticipation based on the current legitimate framework that's broadly pertinent in nations around the world. This paper is a literature study that uses secondary data with a qualitative analysis that is used to describe the development of an understanding of restorative justice.
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Ihsan, Muhammad, Maroni Maroni, and Ruben Achmad. "Restorative Justice for Users of Narcotics Through Implementation of Depenalization." Fiat Justisia: Jurnal Ilmu Hukum 16, no. 2 (July 19, 2022): 141–52. http://dx.doi.org/10.25041/fiatjustisia.v16no2.2649.
Abstract:
Restorative Justice is a policy that puts a focus on recovery rather than retaliation. The Restorative Justice implementation, considered more effective in terms of Justice and effectiveness, makes the Restorative Justice policy renewal of the criminal law system in Indonesia. The writing of this article uses a descriptive-analytical research method that prioritizes a normative juridical approach, with the formulation of the problem regarding the role of Restorative Justice as an effort to reform criminal law and the implementation of Restorative Justice as an alternative step in law enforcement for narcotics crimes. The result of this article is that the policy regarding Restorative Justice in its application is an update in law, especially criminal law. Conventional Justice Policies which are considered ineffective in their application are now being updated through the Restorative Justice policy; in addition to the context of the application, which is not only applied within the scope of general criminal law, in Narcotics crimes, a criminal settlement mechanism is also applied using Restorative Justice policies as stated in the Circular Letter of the Supreme Court Number 4 of 2010 concerning Placement of Abuse, Victims of Abuse and Narcotics Addicts into Medical and Social Rehabilitation Institutions (SEMA.4/2010). Rehabilitation of a Narcotics defendant can be carried out if it meets the requirements described in the regulation.
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Purwati, Ani, Fifin Dwi Purwaningtyas, and Jumali Sapta Agung. "Rehabilitation and reintegration policies of children victims of criminal action in the Children's Criminal Jurisdiction System." Research, Society and Development 10, no. 1 (January 17, 2021): e32810111706. http://dx.doi.org/10.33448/rsd-v10i1.11706.
Abstract:
This research examines the harmonization of statutory regulations and the application of law on child victim protection as an achievement of optimal independence for child victims during formal restorative justice and post-recovery. The research objectives and specific targets were (1) formulating the concept of rehabilitation and reintegration of child victims in the juvenile justice system; (2) establishment of SOP (Standard Operational Implementation) for law enforcement officers on the handling of child victims; (3) integrated networking institutions / legal aid institutions and psychological assistance for child victims; and (4) the formulation of juvenile justice teaching, restorative justice, legal and psychological approaches. The method used in this research is through a mix methodological approach between law and psychology with a conceptual approach and a statue approach to analyze the weaknesses of current legislation, such as centralized legal protection for child victims of the fulfillment of restorative judicial evidence (informal), but not yet. Integrated psychosocial and vocational rehabilitation programs for every victims. Apart from that, the child criminal law policy in Indonesia which implements restorative justice is still in the perspective of children in conflict with the law. The concept method of victim rehabilitation is implemented by rehabilitation programs in accordance with the principles of the Convention on the Rights of the Child (KHA).
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Zarkasi, Moch Fauzan, Nur Azisa, and Haeranah Haeranah. "Implications of Renewal System of Criminal Justice Based on the Principles of Restorative Justice on The Role of Probation and Parole Officer." Khazanah Hukum 4, no. 1 (March 15, 2022): 29–44. http://dx.doi.org/10.15575/kh.v4i1.17354.
Abstract:
In Indonesia, criminal law reform is manifested in plans to amend several laws and regulations, including the Criminal Code, the Criminal Procedure Code, and the Correctional Law. In addition, several criminal justice sub-systems have issued policy regulations that put forward the principle of penal mediation to accommodate the limitations or shortcomings of formal criminal law in resolving criminal cases. These various steps of change put forward a value known as restorative justice. The concept of restorative justice, which contains two main principles, namely participation, and recovery, always requires the role of Probation and Parole Officer as stated in the Law of the Republic of Indonesia Number 11 of 2012 concerning the Juvenile Criminal Justice System. The formulation of the following research problem is how the implications of reforming the criminal justice system based on the principles of restorative justice on the role of the Probation and Parole Officers. The purpose of this study was to determine the projected implications of reforming the criminal justice system based on the principles of restorative justice on the role of Probation and Parole Officers. This research is descriptive normative legal research. The results of the study indicate that Probation and Parole Officers have the potential to obtain strengthening of duties and functions in particular from the three main aspects of reform, namely strengthening alternative disposal, the existence of sentencing guidelines, as well as supervision and guidance in the implementation of various types of punishments and treatments. The expansion of these tasks and functions indicates the urgency of optimizing the fulfillment of technical and facilitative needs for the Probation and Parole Officers.
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Aditama, Ryan, and Novia Yolanda. "Penerapan Restorative Justice pada Peradilan Pidana Anak Terkait Pembaharuan Hukum Pidana di Indonesia." Wajah Hukum 4, no. 2 (October 19, 2020): 483. http://dx.doi.org/10.33087/wjh.v4i2.213.
Abstract:
The foundation behind the concept of restorative justice is part of an approach that focuses on situations where in order to create justice and even balance the perpetrators who commit criminal acts, and also for the rights of victims. Procedures and procedures as well as criminal proceedings that lead to the principle of criminalization are changed to a process of family conversation and mediation in order to create an agreement and to resolve the criminal case which leads to crime and will be equal for the victim and the perpetrator of the crime The concept of restorative justice in itself has a meaning where justice will be repaired, and restoration here has a broader meaning to what is known in conventional criminal justice processes or in general that has been applicable so far with the existence of restitution or commonly referred to as compensation for victims. This restorative justiche concept, if included in a system in juvenile criminal justice, is considered well for its application, because restorative justiche is useful in order to prevent children from facing the criminal system and will be replaced in the guidance pattern for the child.
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Chandra, Safari Dwi. "How Juvenile Criminal Justice System in Indonesia Works? A Book Review 'Peradilan Pidana Anak di Indonesia', Marlina, PT Refika Aditama, Jakarta, 2009, 232 Pages, ISBN 9798-602-8650-06-9." Indonesian Journal of Advocacy and Legal Services 3, no. 1 (March 5, 2021): 113–16. http://dx.doi.org/10.15294/ijals.v3i1.34771.
Abstract:
Human needs to live in an orderly, harmonious, harmonious, and peaceful manner are still maintained in accordance with applicable law. To provide security to every citizen, law enforcement officials need to take action by carrying out legal proceedings against criminal offenders. The implementation of legal proceedings against criminal offenders is in a system consisting of related subsystems called the criminal justice system or in the English Criminal Justice System. This book is divided into four chapters, an introduction; children in conflict with the law; juvenile criminal justice; the development of the concept of diversion, and restorative justice. Actually, this book only discusses one important point, namely regarding chapter 4, the development of the concept of diversion and restorative justice. However, the author makes the translation first by writing chapters 1 through chapter three.
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Strémy, Tomáš, and Miroslava Vráblová. "Restorative Justice in the Conditions of the Slovak Republic." International and Comparative Law Review 16, no. 1 (June 1, 2016): 39–53. http://dx.doi.org/10.1515/iclr-2016-0003.
Abstract:
Summary Nowadays, traditional criminal policy is facing its limits and is unable to cope with the rising criminality. Current criminal justice based on repressive approaches is unable to face serious obstacles and problems, namely in efficiency of punishment, poor protection of victims, and slow and overburdened criminal courts. New models of criminal judiciary based on principles of restorative justice have been unveiled while traditional systems of criminal justice are facing a serious crisis. The conception of restorative justice is one of the most modern and progressive of current approaches to criminal law that deserves to be implemented into the Slovakia criminal judiciary system. Author focused on punishments as home arrest, compulsory labour and financial penalty.
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Singh, Pradeep Kumar. "Plea Bargaining and Criminal Justice in India." ATHENS JOURNAL OF LAW 7, no. 1 (December 31, 2020): 32–52. http://dx.doi.org/10.30958/ajl.7-1-2.
Abstract:
Crime, criminals and criminality have always been serious concern for society, state and individuals. Individuals formed society to have protection for his life, property and liberty. Society to bear such liabilities created state which ultimately developed criminal justice system. Hereby, criminal justice system is developed for providing protection to life, liberty and property of individual but in developmental process individual for whose protection criminal justice system was developed, became neglected. Traditionally criminal justice system attempts to protect accused and his interests. Recently demands are made for justice to individual victim who is actual sufferer of crime commission. Recently some measures are created for providing justice to individual victim. Such measures are in process of development, and thereby, for effective justice measure development to provide justice to victim there is a need to make continuous review. Plea bargaining is one such measure recently included in Indian criminal justice system to provide justice to victim. This paper analyses plea bargaining in reference to providing of justice to victim in India. Keywords: Compensation; Criminal justice; Habitual criminal; Plea bargaining; Restorative justice; Sentence; Victim.
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Markovicheva, E. V. "Prospects for the Implementation of Special Conciliation Procedures in the Russian Criminal Process." Rossijskoe pravosudie 9 (August 21, 2020): 99–104. http://dx.doi.org/10.37399/issn2072-909x.2020.1.99-104.
Abstract:
In the 21st century, the concept of restorative justice has become widespread in criminal proceedings. The introduction of special compromise procedures into the criminal process allows for the restoration of the rights of the victim and reduces the level of repression in the criminal justice system. The traditional system of punishment is considered ineffective, not conducive to the purpose of compensating for harm caused by the crime. Restorative justice enables the accused to compensate for the harm caused by the crime and is oriented not towards their social isolation, but towards further positive socialization. The introduction of the ideas of restorative justice into the Russian criminal process requires the introduction of special conciliation procedures. The purpose of the article is to reveal promising directions for introducing special conciliation procedures into the Russian criminal process. The use of the formal legal method provided an analysis of the norms of criminal procedure legislation and the practice of its application. Comparative legal analysis revealed common features in the development of models of restorative justice in modern states. Conclusions. The introduction of conciliation procedures into the Russian criminal process is in line with the concept of its humanization and reduction of the level of criminal repression. The consolidation of the mediator»s procedural status and the mediation procedure in the criminal procedure legislation will make it possible to put into practice the elements of restorative justice.
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Ansori, Ansori. "Criminal Justice System of Children in The Law Number 11 of 2012 (Restorative Justice)." Rechtsidee 1, no. 1 (January 1, 2014): 11. http://dx.doi.org/10.21070/jihr.v1i1.95.
Abstract:
The future of the children will determine the future of the nation. The increasing problem of juvenile delinquency in this globalization and information technology era, requires the state to give more attention to the child's future. Application of the criminal justice system for children in Indonesia is as stipulated in Law Number 3 of 1997 potentially detrimental to the child's interests. In practice, the judicial system had many problems, among them is a violation of the rights of children, such as: physical and psychological violence, as well as deprivation of the right to education and welfare. It happened because the juvenile justice system is against to national and international regulations on the protection of children’s rights. Besides that, theory of punishment for the juvenile delinquency still refers to the concept of retribution for the crimes. This concept is not very useful for the development of the child, so the concept need to be repaired with the concept of restorative justice. With this concept, the criminal justice system for the juvenile delinquency, leads to the restoration of the state and the settlement pattern, involving the perpetrator, the victim, their families and engage with the community. This is done with consideration for the protection of children against the law. Whereas in line with this spirit of the restorative justice, it gives birth to the Law No. 11 of 2012 on The Criminal Justice System of Children. How To Cite: Ansori, A. (2014). Criminal Justice System of Children in The Law Number 11 of 2012 (Restorative Justice). Rechtsidee, 1(1), 11-26. doi:http://dx.doi.org/10.21070/jihr.v1i1.95
42
Tomporowski, Barbara, Manon Buck, Catherine Bargen, and Valarie Binder. "Reflections on the Past, Present, and Future of Restorative Justice in Canada." Alberta Law Review 48, no. 4 (May 1, 2011): 815. http://dx.doi.org/10.29173/alr135.
Abstract:
Restorative justice has been integrated into the Canadian justice system for over 30 years and it is now appropriate to acknowledge the achievements of the past, reflect on its current status, and consider where it may go in the future. Restorative justice evolved from experimentation by justice officials and community members looking for better ways to respond to crime, and there is a great deal of variation in how it is defined, understood, and practised. Provisions of the Criminal Code and the Youth Criminal Justice Act support the use of restorative justice in the criminal context. While restorative justice is being used across Canada and there are signs that it is maturing, there are also a number of challenges it faces, such as the need for ongoing funding and national data collection, and the need to define its relationship with Aboriginal justice and continue to engage victim service agencies. However, with continued leadership and support from community-based agencies, Aboriginal groups, faith organizations, governments, universities, and justice agencies, restorative justice will continue to evolve and expand in Canada.
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Adiesta, Iklimah Dinda Indiyani. "Penerapan Restorative Justice sebagai Inovasi Penyelesaian Kasus Tindak Pidana Ringan." INTERDISCIPLINARY JOURNAL ON LAW, SOCIAL SCIENCES AND HUMANITIES 2, no. 2 (November 30, 2021): 143. http://dx.doi.org/10.19184/idj.v2i2.25842.
Abstract:
Abtract
This paper aims to analyze the handling of minor crimes with the conventional justice system and test the chances of restorative justice applied as an innovation in the settlement of minor criminal cases. Public disillusionment with the implementation of criminal proceedings led to the insistence on reforming the solution. The handling of minor crimes with the conventional justice system, judged not to reflect a sense of justice. The inequality of understanding the value of losses and the amount of fines makes the basis of a criminal act can be categorized as a minor crime between the police, prosecutors and courts raises a bad stigma regarding the handling of minor crimes today, in addition, the handling of minor crimes that do not maximize settlements oriented to the recovery of victim losses such as restorative justice. This research uses juridical-normative methods with conceptual and statutory approaches. The authors of this study used primary legal materials derived from legislation as well as secondary ones derived from books and legal journals relevant to the discussion. Then to enrich the references to this study, the authors used non-legal materials. This study shows that, the handling of minor crimes using the conventional justice system does not show the principle of proportionality in basing the category of a criminal act can be said to be a minor crime if looking at Perma No.2 Year 2012. In addition, the implementation of Perma, not maximum and the imposing of prison sanctions against perpetrators of minor crimes are ineffective. With such conditions, restorative justice can be used as an innovation in the settlement of minor criminal cases, because it has fulfilled all the requirements for a criminal act resolved by restorative justice.
Keywords: Minor Crimes, Restorative Justice, Conventional Justice System
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Muhammad, Ali. "THE RESTORATIVE JUSTICE APPROACH TO THE IMPLEMENTATION OF CHILDREN'S CRIMINAL JUSTICE SYSTEM IN INDONESIA." Jurnal Ilmiah Kajian Keimigrasian 1, no. 2 (November 24, 2018): 189–98. http://dx.doi.org/10.52617/jikk.v1i2.32.
Abstract:
Since the enactment of Law No. 11 of 2012 concerning the Criminal Justice System for Children in Indonesia needs to be sought immediately for Law Enforcement Officials (APH) who do not understand and know about the obligation to adopt a Restorative justice approach in the implementation of the Child Criminal Justice System. The norm that regulates the obligation to approach restorative justice in the handling of Children dealing with the Law (ABH) contained in article 5 paragraph 1 of the Child Criminal Justice System Law and this Law has also adopted the International instrument of the Convention on the Rights of the Child (CRC) ratified by the government of the Republic of Indonesia with a Presidential Decree Number 36 of 1990 concerning Ratification of the Convention on the Rights of the Child in addition to other international regulations such as the Beijing Rules, Riyadh Guidelines and Tokyo Rules which are certainly in line with the Constitution 1945 concerning the purpose of the country which was wrong was to realize social justice and promote public welfare. This restorative justice approach certainly has the same spirit as the ideological values of Pancasila, politics, and the Indonesian national socio-culture which prioritizes solutions through deliberation to reach consensus so that this restorative justice approach is also one of legal reforms that elevates the values of local wisdom from the Nation Indonesia. The conceptual approach and the approach to legislation (the statue approach) are the approaches used in this study and maximize the implementation of the implementation of restorative justice in every handling of children facing the law (ABH) at each stage of the investigation, prosecution and trial. research is to provide confirmation to every Law Enforcement Officer of the obligation to take a Restorative Justice approach in every Handling of ABH.
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Zondrafia, Zondrafia, Kristiawanto Kristiawanto, and Mohamad Ismed. "Urgensi Penerapan Mediasi Penal Dalam Sistem Peradilan Pidana Di Indonesia." SALAM: Jurnal Sosial dan Budaya Syar-i 9, no. 5 (August 16, 2022): 1601–12. http://dx.doi.org/10.15408/sjsbs.v9i5.27685.
Abstract:
Retributive justice-focused law enforcement against criminals can be ineffective. Convictions tend to be useless since victims' losses, damages, and injuries are overlooked. To overcome this, criminal case settlement led to restorative justice. Several law enforcement authorities, including the Police, Attorney General's Office, and Supreme Court, have adopted internal regulations on restorative justice-based penal mediation. Restorative justice settlements are currently limited to select circumstances, and the worth of losses that can be remedied through restorative justice mediation is limited. In Indonesia's criminal justice system, it's difficult to implement a restorative justice-based penal mediation method. No concrete criminal procedural statute binds law enforcement officers to bring cases to mediation, hence the restorative justice-based penal mediation method cannot be administered with legal certainty. Criminal procedural law is fundamental for enforcing substantive criminal law.Keywords: Mediation Penal; Criminal Justice System AbstrakPenegakan hukum yang berfokus pada keadilan retributif terhadap pelaku kejahatan dapat menjadi tidak efektif. Hukuman cenderung tidak berguna karena kerugian, kerusakan, dan cedera korban diabaikan. Untuk mengatasi hal tersebut, penyelesaian perkara pidana bermuara pada keadilan restoratif. Beberapa aparat penegak hukum, termasuk Kepolisian, Kejaksaan Agung, dan Mahkamah Agung, telah mengadopsi peraturan internal tentang mediasi penal berbasis keadilan restoratif. Penyelesaian keadilan restoratif saat ini terbatas pada keadaan tertentu, dan nilai kerugian yang dapat diperbaiki melalui mediasi keadilan restoratif terbatas. Dalam sistem peradilan pidana Indonesia, sulit untuk menerapkan metode mediasi penal berbasis keadilan restoratif. Tidak ada undang-undang acara pidana yang konkrit mengikat aparat penegak hukum untuk membawa kasus ke mediasi, sehingga metode mediasi penal berbasis keadilan restoratif tidak dapat dijalankan dengan kepastian hukum. Hukum acara pidana merupakan dasar untuk menegakkan hukum pidana substantif.Kata Kunci : Mediasi Penal, Sistem Peradilan Pidana
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Portinaro, Pier Paolo. "Transitional Justice. I conti con il passato." TEORIA POLITICA, no. 1 (May 2009): 5–26. http://dx.doi.org/10.3280/tp2009-001001.
Abstract:
- Transitional justice refers to the admission of wrongdoing, the recognition of its effects and the acceptance of responsibility for those effects. It provides an alternative to vengeance and a measure of accountability for the perpetrators and justice for the victims by establishing truth. The article considers the different ways of taking account of the past (from direct retaliation to amnesty, from prosecution of perpetrators responsible for large-scale state brutality to public discussion about human rights abuse and shaping of collective memory) and focuses the emergence of the paradigma of restorative justice. In amending tragic historical immoralities, restitution, reparation, apology, and reconciliation replace a universal comprehensive standard of criminal justice with a negotiated justice among opposing parties in specific cases. Drawing on the discussion of some recent studies (Teitel, Elster, Barkan, Frei, Koenig) concerning the role of criminal trials, lustration policies and truth commissions in democratic transitions, the article attempts to outline even broader conclusions about a theory of transitional justice.
47
Kristian, Kristian, and Christine Tanuwijaya. "PENYELESAIAN PERKARA PIDANA DENGAN KONSEP KEADILAN RESTORATIF (RESTORATIVE JUSTICE) DALAM SISTEM PERADILAN PIDANA TERPADU DI INDONESIA." Jurnal Hukum Mimbar Justitia 1, no. 2 (October 11, 2017): 592. http://dx.doi.org/10.35194/jhmj.v1i2.42.
Abstract:
Various problems that occur in a community, is a social phenomenon that has existed since the start of human life. Problem solving methods that can be taken is basically divided into two, namely the completion of the litigation and non-litigation pathway. In fact, if there is a problem, especially with regard to criminal law (criminal case), the model of problem solving is always done using the path of litigation. The settlement of this litigation by using paths in practice does not always go according to what is expected due to the settlement of litigation by using the path in the traditional criminal justice system today would lead to new problems such as: pattern of retaliatory punishment still, causing a buildup of the case, do not pay attention to the rights of the victim, not in accordance with the principle of simple justice; process is long, complicated and expensive, and the settlement is legistis stiff, does not restore the effects of crime, prisons conditions are not adequate, does not reflect justice for the community and so although, the law was made essentially to provide fairness and benefits to humans. Looking at these phenomena, in the latest development emerged a new concept or approach the concept of restorative justice. The concept of restorative justice approaches assessed or can cope with various problems in the traditional criminal justice system as mentioned above.This study will discuss the application of restorative justice in terms of the integrated criminal justice system in Indonesia. This research is a descriptive normative legal analysis. The approach used is a statutory approach, conceptual approach, and the principles of law.Keywords: Restorative Justice, Integrated Criminal Justice System.
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Pradityo, Randy. "RESTORATIVE JUSTICE DALAM SISTEM PERADILAN PIDANA ANAK / Restorative Justice In Juvenile Justice System." Jurnal Hukum dan Peradilan 5, no. 3 (November 29, 2016): 319. http://dx.doi.org/10.25216/jhp.5.3.2016.319-330.
Abstract:
Anak sebagai generasi penerus bangsa sudah selayaknya mendapatkan perhatian khusus. Hal tersebut bertujuan dalam rangka pembinaan anak untuk mewujudkan sumber daya manusia yang berkualitas. Maka dari itu, diperlukan pula sarana dan prasarana hukum yang mengantisipasi segala permasalahan yang timbul. Sarana hukum ini bertujuan untuk mengantisipasi stigma atau cap jahat yang ditimbulkan ketika anak berhadapan dengan hukum, sekaligus memulihkan dan memasyarakatkan kembali anak tersebut. Salah satu solusinya adalah dengan mengalihkan atau menempatkan pelaku tindak pidana anak keluar dari sistem peradilan pidana serta memberikan alternatif bagi penyelesaian dengan pendekatan keadilan demi kepentingan terbaik bagi anak, yang kemudian dikenal dengan pendekatan restorative justice. Restorative justice yang merupakan implementasi konsep dari diversi telah dirumuskan dalam sistem peradilan pidana anak, namun sistem yang baik haruslah diiringi dengan suatu sikap yang dijiwai kehendak untuk memandang dan berkeyakinan bahwa dunia ini selalu menjadi lebih baik. Selain itu, hendaknya prinsip the best interest of the children selalu diutamakan ketika menangani anak yang berhadapan dengan hukum. Children as the nation's next generation is already deserve special attention. It aims in order to develop the child to realize the quality of human resources. Therefore, it is also necessary legal infrastructure to anticipate any problems that arise. The legal means to anticipate stigma or stamp evil inflicted when the child against the law, as well as restoring and re-socialize the child. One solution is to divert or placing the offender children out of the criminal justice system as well as providing an alternative to the settlement with justice approach in the best interests of the child, who was then known as restorative justice approach. Restorative justice which is the implementation of the concept of diversion has been formulated in the juvenile justice system, but a good system must be accompanied by an attitude which is imbued with the will to perceive and believe that this world is always getting better. In addition, should the principle of the best interest of the children always come first when dealing with children in conflict with the law.
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Chasanah, Nur, Arief Darmawan SU, and Otto Yudianto. "MENS REA AS THE BASIS OF DIVERSION IN THE CHILD CRIMINAL JUSTICE SYSTEM BASED ON RESTORATIVE JUSTICE." International Journal of Advanced Research 9, no. 04 (April 30, 2021): 62–67. http://dx.doi.org/10.21474/ijar01/12658.
Abstract:
Restorative justice or more precisely keadilan restoratif in the Indonesian context is based on the principle of building joint participation between perpetrators, victims, and community groups in resolving a criminal act. The problem has been that in the formulation of the laws and government regulations diversion (diversi) is carried out if a criminal act is committed by a child who is punishable by imprisonment under seven years other than that if criminal acts that were committed by a child is not a repetition of criminal acts (recidive). A research using a normative legal research method found that through legal findings or rechtsvinding (penemuan hukum), judges can formulate criminal law policies through their decisions based on mens rea. Tt is a must for judges to settle criminal cases with a child of 12-years-old age perpetrator and/or the delinguent actor is a recidive via diversion. The provisions of Indonesian criminal procedure law dicates that judges are also obliged to seek diversion towards the settlement of all criminal cases whose actions were committed by children, both those with a criminal penalty over seven years and/or recidive or those who does not included in the two categories.
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Darmika, Ika. "Diversion and Restorative Justice in the Criminal Justice System of Children in Indonesia." Ijtimā'iyya: Journal of Muslim Society Research 3, no. 2 (September 28, 2018): 179–96. http://dx.doi.org/10.24090/ijtimaiyya.v3i2.1921.
Abstract:
Diversity and Justice Justice is the norm in the Criminal Justice System in Indonesia, as regulated in Law Number 2012 on the System Juvenile Justice. The latest Law Number 11 Year 2012 was not available to be separated by UN Resolution Number 44.25 about Convention of the Rights which was ratified by the Indonesian Government dated January 26, January 1990 in the Presidential Decree No. 36 Year 1990. Convention on the Rights of the Children of the Republic of Indonesia was the basis of the consideration of the establishment of Law Number 11 of 2012 about Juvenile Criminal Justice System which replaced Law Number 3 1997 concerning Juvenile Court. At this time, there are a number of developed countries that have implemented diversion, among others is Australia. Australia has Act on Juvenile Crimes (The Young Offenders Act 1977).In which the Law gives the authority of lawyers (police)to do diversion child offender. This thing can be known from the purpose of the Juvenile Criminal Act Law. In Australia, the policymaking has the authority to do diversion in handling crime done by child. Authority is done with consideration: a) avoiding labeling or stigma which was caused by the effects of the system judicial justice. b) There are doubts about whether to progress from treatment to children. In Indonesia, regulated in Law Number 11 of 2012 about the Juvenile Criminal Justice System, which began after 2 years promulgated on July 30, 2012. In Law Number 11 of 2012, diversion was regulated in Article 17, Article 6 / Article 15. Regarding the restorative justice in developed countries, restorative justice not only in academic fields and practical practice and criminology North America, Australia, and some Europeans, restorative justice has been applied to all know the conventional criminal justice process, namely the investigation, prosecution, stage adjudication, and the stages of the trial. The justice-restructuring process looks for a facility dialogue between various parties affected by crime, including victims, perpetrators supporters and community are all over. Death involves the process that all parties who acted in crime were at the same time together to try to complete the scrutiny of how the negotiation after the crime has taken place Indonesia trial justice regulated in Article 1 Article 6, Article 5 (1) and Article 8 Section (1)Law Number 11 Year 2012.