Penal Mediation : Synchronization of Restorative Justice and Reflective Justice

Restorative Justice is an alternative settlement of criminal cases involving the perpetrators, victims, family members and the victims as well as the authorities to settle disputes. Restorative justice began to develop in the 19th century and has been regulated in Indonesian legislation as in the Law No. In 2012, the Court of Appeal No. 15 of 2020, and the Police Regulations No. 8 in 2021. In its implementation it uses a criminal mediation mechanism involving law enforcement in the process of investigation, investigation and prosecution. There is no legal umbrella that specifically regulates Restorative Justice. In this study, the method of research used is the normative method of jurisprudence in which the study is carried out by the library. The aim of this research is to find out how the correspondence between the mechanisms and requirements in the settlement of criminal cases based on the rules in force in Indonesia on Restorative Justice. The method used is descriptive using secondary data is data obtained from library studies that are then analyzed with the rules, theories and opinions of relevant legal experts to obtain conclusions from the research. The results of this study of the setting on restorative justice still have differences between one and the other in the context of the type of behavior. In addition, restorative justice normatively has been in line with John Rawls’s concept of justice but in caseistic there are still some deviations from the rule.

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Publication Details

Journal
Mulawarman Law Review
Published
2024-12-30
DOI
https://doi.org/10.30872/mulrev.v9i1.1598
Primary Topic
Corporate Insolvency and Governance
Type
article
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article

Penal Mediation : Synchronization of Restorative Justice and Reflective Justice

Marisa Kurnianingsih, Daffa Rafif Dewanto, Yoesoef Mustofa
Mulawarman Law Review
Corporate Insolvency and Governance
article

Penal Mediation : Synchronization of Restorative Justice and Reflective Justice

Marisa Kurnianingsih, Daffa Rafif Dewanto, Yoesoef Mustofa
article en

Abstract

Restorative Justice is an alternative settlement of criminal cases involving the perpetrators, victims, family members and the victims as well as the authorities to settle disputes. Restorative justice began to develop in the 19th century and has been regulated in Indonesian legislation as in the Law No. In 2012, the Court of Appeal No. 15 of 2020, and the Police Regulations No. 8 in 2021. In its implementation it uses a criminal mediation mechanism involving law enforcement in the process of investigation, investigation and prosecution. There is no legal umbrella that specifically regulates Restorative Justice. In this study, the method of research used is the normative method of jurisprudence in which the study is carried out by the library. The aim of this research is to find out how the correspondence between the mechanisms and requirements in the settlement of criminal cases based on the rules in force in Indonesia on Restorative Justice. The method used is descriptive using secondary data is data obtained from library studies that are then analyzed with the rules, theories and opinions of relevant legal experts to obtain conclusions from the research. The results of this study of the setting on restorative justice still have differences between one and the other in the context of the type of behavior. In addition, restorative justice normatively has been in line with John Rawls’s concept of justice but in caseistic there are still some deviations from the rule.

Mulawarman Law Review
Muhammadiyah University of Surakarta (ID)
Openalex Percentile: Top 55%
Corporate Insolvency and Governance
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Penal Mediation : Synchronization of Restorative Justice and Reflective Justice — Marisa Kurnianingsih, Daffa Rafif Dewanto, et al. · Mulawarman Law Review (2024) | TGRS Research Map | TGRS