Formulating Restorative Justice Regulation in the Criminal Justice System in Indonesia

DOI

10.2991/978-2-38476-024-4_22How to use a DOI?

Keywords

Criminal Justice System; Formulation; Restorative Justice

Abstract

The concept of restorative justice focuses on the conditions for creating justice and balance for the perpetrators of criminal acts and the victims themselves. Restorative justice focuses on turning punishment into a process of dialogue and mediation to agree on a more just and balanced settlement of criminal cases for the victims and perpetrators. The problem of this research is related to the formulation of restorative justice arrangements in the criminal justice system in the future. The research method uses empirical juridical, namely examining the law with a statutory, conceptual, and case approach supported by primary and secondary data. The results show that the concept of restorative justice has not run optimally because the carrying capacity of regulations and implementers is not balanced. The imbalance arises because people in general still use the court conceptually and still use the criminal justice system. Restorative justice in handling criminal acts is not only seen from the perspective of criminal law. Still, it is also associated with moral, social, economic, religious, local customs, and other considerations. The concept of restorative justice in Indonesia is similar to that of Belgium, carried out through therapy/rehabilitation or social work as a form of responsibility. Qualifications of criminal acts that can use penal/restorative justice mediation in their settlements are punishable by imprisonment of less than 5 (five) years for adults and 10 (ten) years for children.

Copyright

© 2023 The Author(s)

Open Access

Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

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TY  - CONF
AU  - Mulyono Aprilliandi
PY  - 2023
DA  - 2023/04/19
TI  - Formulating Restorative Justice Regulation in the Criminal Justice System in Indonesia
BT  - Proceedings of the International Conference On Law, Economics, and Health (ICLEH 2022)
PB  - Atlantis Press
SP  - 190
EP  - 197
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-38476-024-4_22
DO  - 10.2991/978-2-38476-024-4_22
ID  - Aprilliandi2023
ER  -