The Role of Victims in Resolving Criminal Cases through a Restorative Justice Approach

This article examines the role of victims in restorative justice, a process that involves perpetrators, victims, their families, and other stakeholders in jointly resolving criminal acts and their implications, with a focus on restoring the original state. The research specifically aims to explore the role of victims in resolving criminal cases through a restorative justice approach and to examine the legal certainty surrounding this role. Utilizing a normative juridical approach focused on literature research, the study incorporates legislative, conceptual, comparative, case, and historical methods. The findings highlight that restorative justice places the victim as a central figure in the resolution process, acknowledging the importance of justice from multiple perspectives. Legal certainty in this context is achieved through the active participation of both victims and perpetrators in resolving criminal cases, reflecting the community's need for a more inclusive and participatory mechanism. The restorative justice approach, by emphasizing the direct involvement of victims and perpetrators, provides a meaningful response to criminal justice challenges.

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Publication Details

Journal
Journal of Law and Regulation Governance
Published
2024-08-21
DOI
https://doi.org/10.57185/jlarg.v2i7.58
Primary Topic
Indonesian Legal and Regulatory Studies
Type
article
Field-Weighted Citation Impact
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article

The Role of Victims in Resolving Criminal Cases through a Restorative Justice Approach

Hedwig Adianto Mau, Tulus Haryono, Basuki Basuki
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Journal of Law and Regulation Governance
Indonesian Legal and Regulatory Studies
article

The Role of Victims in Resolving Criminal Cases through a Restorative Justice Approach

Hedwig Adianto Mau, Tulus Haryono, Basuki Basuki
article en

Abstract

This article examines the role of victims in restorative justice, a process that involves perpetrators, victims, their families, and other stakeholders in jointly resolving criminal acts and their implications, with a focus on restoring the original state. The research specifically aims to explore the role of victims in resolving criminal cases through a restorative justice approach and to examine the legal certainty surrounding this role. Utilizing a normative juridical approach focused on literature research, the study incorporates legislative, conceptual, comparative, case, and historical methods. The findings highlight that restorative justice places the victim as a central figure in the resolution process, acknowledging the importance of justice from multiple perspectives. Legal certainty in this context is achieved through the active participation of both victims and perpetrators in resolving criminal cases, reflecting the community's need for a more inclusive and participatory mechanism. The restorative justice approach, by emphasizing the direct involvement of victims and perpetrators, provides a meaningful response to criminal justice challenges.

Journal of Law and Regulation GovernanceVol. 2(7)
Universitas Jayabaya (ID)
Peace, Justice and strong institutions
Openalex Percentile: Top 66%
Indonesian Legal and Regulatory Studies
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