Restorative Justice Implementation in Cases of Assault: Exploring Kefamenanu Traditional Law Connections

DOI

10.2991/978-2-38476-315-3_58How to use a DOI?

Keywords

Customary law; Persecution; Restorative Justice

Abstract

The occurrence of abuse, which occurred between Kornelis Tade and Okto Malaipada at the Kefamenanu Bus Terminal on December 29, 2023, brings attention to the state of law enforcement in Indonesia. The difficulty comes in guaranteeing that the Indonesian legal system can fairly and effectively handle such issues, especially in the execution of restorative justice and the recognition of customary law. Kornelis Tade was mentioned as a suspect in the alleged assault of Okto Malaipada. Although Tade was accused as a suspect under Article 351 paragraph (1) of the Criminal Code, the North Central Timor District Prosecutor’s Office chose to pursue restorative justice as outlined in Perja No. 15 of 2020. This study utilizes a normative legal methodology to examine the application of restorative justice in customary law, specifically focusing on the employment of the Bikomi approach. Restorative justice is utilized as an alternative approach to conflict resolution that involves a process of recovery and reconciliation. The North Central Timor District Prosecutor’s Office has incorporated restorative justice by merging the principles of restorative justice with customary law. The restorative justice method utilizes the Bikomi technique, which involves enforcing punishments by requiring the payment of fines in accordance with local customs. This implementation of restorative justice exemplifies a commitment to understanding and respecting the cultural norms and ideals of the local community. The handling of this case highlights the importance of integrating favorable laws with community values in upholding justice. The implementation of restorative justice through the Bikomi customary law system showcases the ability of the legal system to achieve reconciliation and restoration, rather than only emphasizing punishment. Thus, resolving such issues improves the linkage between formal and traditional law, resulting in a more inclusive and culturally rooted approach to enforcing the law.

Copyright

© 2024 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  - Novi Rizka Permatasari
AU  - Hartiwiningsih Hartiwiningsih
AU  - Pujiyono Suwadi
PY  - 2024
DA  - 2024/12/24
TI  - Restorative Justice Implementation in Cases of Assault: Exploring Kefamenanu Traditional Law Connections
BT  - Proceedings of the International Conference on Cultural Policy and Sustainable Development (ICPSD 2024)
PB  - Atlantis Press
SP  - 428
EP  - 434
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-38476-315-3_58
DO  - 10.2991/978-2-38476-315-3_58
ID  - Permatasari2024
ER  -