IMPLEMENTATION OF JUSTICE RESTORATION IN THE CRIMINAL JUSTICE SYSTEM REVIEWED FROM THE JURIDICAL ASPECT GUARANTEE A SENSE OF JUSTICE
Purpose: The short-term objective expected from this research is to find the root of legal problems regarding the legal regulation of Restorative Justice, while the long-term objective of this research is that it can be an appropriate and effective framework in the application of Restorative Justice in the Indonesian criminal justice system. Methods: The research used is normative legal research: Analysing legal materials and legislation to understand the legal position of Restorative Justice through statutory and conceptual approaches. Theoretical Reference: The theory used in this research is restorative justice theory. Result and Conclusion: The results of the research The concept of Restorative Justice has been regulated in various laws and regulations in Indonesia, such as regulations of the Supreme Court, the Attorney General's Office, and the Indonesian National Police. However, these regulations have not been unified into one comprehensive law, resulting in legal uncertainty. Experts define Restorative Justice as a process that involves victims, perpetrators, and other relevant parties to find a fair solution and return the situation to its original state. The concept is in line with calls for alternative dispute resolution and community involvement in resolving conflicts. The implementation of Restorative Justice requires legal reform to accommodate its principles within the existing criminal justice system. This research highlights the need for comprehensive legislation on Restorative Justice in Indonesia. It provides a basis for further research into the implementation and effectiveness of Restorative Justice in criminal cases in Indonesia. Implications of research: This research highlights the need for comprehensive legislation on Restorative Justice in Indonesia. This study provides a basis for implementation and effectiveness of Restorative Justice in criminal cases in Indonesia. Mediators facilitate clear communication between perpetrators and victims. Restorative Justice aims for restoration and redemption outside court. It addresses legal problems arising from crimes. Restorative principles provide fairness and legal benefits. Originality: This paper discusses restorative justice in the criminal justice system. It emphasises the involvement of victims and offenders in the resolution process. Restorative justice aims for restoration, reconciliation and healing. This approach seeks to empower victims and communities. There are several articles that discuss restorative justice. an article entitled restorative justice as an alternative to criminal offence resolution and its influence in the criminal justice system written by heny saida discusses restorative justice that ignores victim recovery.
Authors
- Nandang Sambas
- Arif Firmansyah (ORCID: https://orcid.org/0000-0002-3208-3117)
- Erlyn Diamond Puspayanti
Publication Details
- Journal
- Journal of Law and Sustainable Development
- Published
- 2024-12-31
- DOI
- https://doi.org/10.55908/sdgs.v12i12.3868
- Primary Topic
- Legal and Social Justice Studies
- Type
- article
- Field-Weighted Citation Impact
- 0.00