Restorative Justice in the Investigation, Prosecution, and Trial Process Makes the Law Sharp to the Top and Humanist to the Bottom
Objective: In the Criminal Justice System in Indonesia, law enforcement officers handle criminal cases from investigation, prosecution, to trial, and are considered to have performed their duties well. Theoritical Framework: The current public view, due to the development of law, legal culture, and values of justice, towards certain crimes that have disturbed the sense of justice, such as minor crimes motivated by survival, theft of papayas, theft of bamboo, small-scale embezzlement, and assault, is considered unnecessary to undergo investigation, prosecution, and trial processes, because the actions taken by law enforcement officers are not proportional to the crimes committed. Method: This study uses the normative legal study method. this research uses several court decisions and employs an approach based on regulations and laws related to restorative justice. Results and Discussion: So there is a paradigm shift in law enforcement, namely a change from the conventional justice system that only punishes the perpetrator. In contrast, the victims and the community are given less role and empowerment in the process of resolving criminal acts. Research Implication: From all these issues, restorative justice emerges, which is a process of resolving legal violations by bringing the victim and the perpetrator (suspect) together to sit in one meeting to talk and find a solution. Originality/Value: In restorative justice, the interests of the parties, especially the victims, are prioritized to achieve recovery and generate peace between the perpetrator and the victim.
Authors
- Mohammad Eka Putra
- Fajar Rudi Manurung
- Topo Santoso (ORCID: https://orcid.org/0000-0001-8230-0186)
- Marlina Marlina
Publication Details
- Journal
- Journal of Lifestyle and SDGs Review
- Published
- 2025-03-11
- DOI
- https://doi.org/10.47172/2965-730x.sdgsreview.v5.n03.pe02524
- Primary Topic
- Criminal Law and Evidence
- Type
- article
- Field-Weighted Citation Impact
- 0.00