Mainstreaming Restorative Justice in Termination of Prosecution in Indonesia

Abstract

By law, under the principle of opportunity, public prosecutors have been entitled to the authority to proceed or terminate the criminal cases under their authority. However, the termination of prosecution by the attorney generals is mostly not followed by a victim-oriented settlement. In this case, the principle of opportunity is not in line with the victim interest. On the other hand, the direction of legal reform in Indonesia promotes restorative justice approach in every criminal case settlement. In this regard, this article aims to investigate the way to implement restorative justice in case terminations by General Attorney of Indonesia. This research relies on socio-legal approach. Data were collected through the investigation of regulations and works of literature related to the termination of prosecution of criminal cases and restorative justice. The result of this study indicates that the regulation concerning termination of prosecution based on restorative justice is obviously departed from the public needs. According to General Attorney Regulation, restorative justice which is oriented to the public interest has the chance to be implemented as the basis for termination of prosecution of criminal cases; therefore, the penal court can be addressed as the last option (ultimum remidium).

The Model of Legal Protection for Children Victims of Domestic Violence Based on Justice

“…16 Data collection techniques include in-depth interviews and secondary data collection. 17 The determination of the informants was carried out purposefully; the key informants were determined by the researchers themselves based on considerations of having adequate education, position, and experience. The data analysis was qualitative and carried out continuously from the beginning to the end of the study.…”

“…Whether physical, psychological, sexual, or economic violence is generally experienced by children and women, violence in the household is not only a national problem but also has an international character. 1 This is evidenced by the existence of a world conference to review and assess the progress of children and women carried out by the United Nations (UN) on equality, development, and peace in Nairobi on July [15][16][17][18][19][20][21][22][23][24][25][26]1985, which resulted in the Declaration on the Elimination of Violence Against Women. 2 Indonesia has ratified the United Nations Convention on the Elimination of All Forms of Discrimination Against Women (Convention on the Elimination of All Forms of Discrimination Against Women), abbreviated as CEDAW in Law No.…”

Disharmonization of Supreme Court Regulations in Material Judicial Rights

“…Legal certainty refers to the fact that the material contained in the regulation must contain clarity, not cause multiple interpretations, not create contradictions, and of judges also does not conduct the examination or give further consideration regarding the argument for the applicant's request for a formal examination. 37 The author considers that if it is deemed that the Supreme Court is not authorized to formally by Article 1 paragraph (1) of the Supreme Court Regulation Number 1 of 2011, then the panel of judges must still mention the considerations and order to reject the formal examination because it is not authorized. Moreover, if the panel of judges has received the request for a formal review by Article 24A paragraph (1) of the NRI Constitution and Article 31, Article 31A paragraph (3) of the Supreme Court Law, the panel of judges must consider whether the application has legal grounds to be granted or instead rejected.…”

The Model of Coaching Narcotics Prisoners in the Correctional Penitentiary

“…5 The correctional system is an arrangement regarding the direction and boundaries as well as the method of fostering correctional inmates based on Pancasila, which is carried out in an integrated manner between the coaches, those who are fostering, and the community to improve the quality of correctional inmates so that they are aware of their mistakes, improve themselves, and do not repeat criminal acts so that they can be accepted by the community, can play an active role in society, and can be productive members of society. 6 This study's legal challenge is to explore legal concerns and identify the optimal model of coaching for victims of drugs users in correctional facilities.…”