Penal Mediation: Criminal Case Settlement Process based on the Local Customary Wisdom of Dayak Ngaju

Wulandari, Cahya; Pujirahayu, Esmi Warassih; Hiariej, Edward Omar Sharif; Hassan, Muhamad Sayuti; Kambuno, Juan Anthonio

doi:10.15294/lesrev.v6i1.54896

Cited by 6 publications

(4 citation statements)

References 5 publications

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“…Bhd (an oil palm subsidiary of IOI) managing to restore the rights to their customary land ownership after struggling for more than 12 years in the High Court (Borneo Resource Institute of Malaysia, 2010). However, most of the legal actions taken by indigenous peoples in Southeast Asian countries are beaten by governments or multinational companies (Wulandari et al, 2022). If indigenous peoples are openly intimidated and discriminated against by the government, international law may offer limited assistance for ownership claims.…”

Section: Results and Discussion Violation Of Indigenous People's Righ...mentioning

confidence: 99%

The legal protection system of indigenous peoples in Southeast Asia

Aditya,

Al-Fatih

2023

LJIH

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Globalization has a bad impact on the indigenous peoples in Southeast Asia countries. The demands of globalization have led the governments in Southeast Asia countries to exploit and industrialize indigenous regions excessively, resulting in marginalized indigenous peoples and the threat of extinction. Not intended for the benefit and welfare of indigenous peoples, the policy made by the government in several Southeast Asia countries did much to reduce the value of humanity and the rights of indigenous peoples. Even with rapid industrialization in Southeast Asia countries, many indigenous peoples are poor, left far behind, and illiterate due to isolation from the outside world. This paper aims to analyze the legal protection of indigenous people in Southeast Asia, especially in facing digital age. By normative juridical method, this paper found that the government and developers' exploitation of indigenous peoples in the region has always been laden with conflicts between the government, the developers (economic motive), and indigenous peoples, and such conflicts of interest are usually won by the interests of the government and/or developers. Indigenous peoples' right to sue for damages caused is sometimes hampered with difficulty simply because the government holds powerful and dominant standing in courts. Moreover, most countries in the Southeast Asia region does not have customary courts in their judicial institution.

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Section: Results and Discussion Violation Of Indigenous People's Righ...mentioning

confidence: 99%

The legal protection system of indigenous peoples in Southeast Asia

Aditya,

Al-Fatih

2023

LJIH

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“…A high number of court cases exist, along with a lack of speed in processing them, due to a scarcity of time and the fact that many are low-cost and can be resolved out of court to reduce accumulation. These considerations have led to the emergence of resolutions using penal mediation based on restorative justice (Wulandari et al, 2022).…”

Section: System Practicementioning

confidence: 99%

Implementing of Restorative Justice to Build the Criminal Justice System in Indonesia: A Study of the Batak Toba Justice System

Rochaeti,

Prasetyo,

Park

2023

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The pursuit of fairness and harmony between the realization of rights and duties is a cornerstone of human progress. Restorative justice case resolution represents an endeavor to introduce a non-punitive procedure into Indonesia's criminal justice system as part of its ongoing effort to modernize its legal framework. Restorative justice focuses on healing criminal behavior's harm and shattered relationships. This study examined the feasibility of implementing restorative justice aspects into a national criminal justice system, gaining inspiration from the Toba Batak Indigenous People. The methodology was socio-legal. Dalihan Natolu is recognized as an alternative conflict settlement method for Toba Batak. The traditional leader mediates in this conflict resolution. By Batak customary law, the imposition of sanctions is decided by customary judges or kings. Dalihan Natolu then tells the culprit not to repeat his behavior. Dalihan Natolu involves offenders, victims, families of offenders and victims, and other parties in seeking a fair settlement that emphasizes repair above retribution. This helps Dalihan Natolu solve criminal concerns. In indigenous cultures, customary institutions convene the parties engaged in a crime to provide counsel and find solutions that do not harm or profit only one side. Justice is served, and the victim is not harmed.

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“…The use of digital technologies in judicial activity automates and optimizes a significant number of court procedures. Wulandari et al (2022) emphasiz the reduction of the burden on the use of human and time resources. Digital solutions provide quick access to court information, which simplifies the process of document exchange between participants in the court process and provides convenient online access to case materials.…”

Section: Introductionmentioning

confidence: 99%

The Role of Mediation in the Process of Resolving Criminal Cases: Impact on Reducing the Burden on the Judicial System

2024

PJC

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The aim of the article is to analyse the use of mediation in criminal procedures in different countries, including the European Union and Azerbaijan. The results are based on the analysis of data from government portal documents and the objective determination of the impact of mediation on the number of criminal cases and the effectiveness of conflict resolution. The practical significance is the developed recommendations and strategies for further improvement of mediation in criminal cases and optimization of the work of judicial bodies. The experience of European countries with regard to the use of mediation in the process of solving criminal cases and its impact on reducing the burden on the judicial system is the subject of active research in modern legal science. The practical significance is the comparative analysis of data on the effectiveness of mediation in the objective determination of the advantages of the appropriate regulatory approach to reduce the burden on the judicial system.

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Penal Mediation: Criminal Case Settlement Process based on the Local Customary Wisdom of Dayak Ngaju

Cited by 6 publications

References 5 publications

The legal protection system of indigenous peoples in Southeast Asia

The legal protection system of indigenous peoples in Southeast Asia

Implementing of Restorative Justice to Build the Criminal Justice System in Indonesia: A Study of the Batak Toba Justice System

The Role of Mediation in the Process of Resolving Criminal Cases: Impact on Reducing the Burden on the Judicial System

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