The Importance of Restorative Justice in the Settlement of Criminal Actions Which Harm an Individual Interest

DOI

10.2991/assehr.k.201209.332How to use a DOI?

Keywords

Restorative Justice, Criminal Action Settlement, Individual Interests

Abstract

Restorative justice is an approach that aims to build a criminal justice system that is sensitive to victims’ problems. Restorative justice is important in relation to crime victims, because this approach is a form of criticism of the current criminal justice system in Indonesia which tends towards retributive objectives (emphasizing justice in retaliation) and ignoring the role of victims in participating in determining the process of the case. This article aims to examine how the restorative justice approach is used to resolve criminal cases that violate individual interests. The research was conducted using the juridical-normative method using a statutory approach and a conceptual approach. Data were collected and analyzed qualitatively. The results showed that in criminal cases that resulted in individual losses, the restorative justice approach is better to apply and provides more justice to the victim. Settlement of criminal cases against violations of individual interests with a restorative justice approach can be done through penal diversion or mediation.

Copyright

© 2020, the Authors. Published by Atlantis Press.

Open Access

This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).

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TY  - CONF
AU  - Beny Timor Prasetyo
PY  - 2020
DA  - 2020/12/14
TI  - The Importance of Restorative Justice in the Settlement of Criminal Actions Which Harm an Individual Interest
BT  - Proceedings of the 2nd International Conference of Law, Government and Social Justice (ICOLGAS 2020)
PB  - Atlantis Press
SP  - 515
EP  - 520
SN  - 2352-5398
UR  - https://doi.org/10.2991/assehr.k.201209.332
DO  - 10.2991/assehr.k.201209.332
ID  - Prasetyo2020
ER  -