Restorative Justice in Indonesia: Traditional Value

Zulfa, Eva Achjani

doi:10.15742/ilrev.v1n2.81

Cited by 9 publications

(7 citation statements)

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“…This includes the freedom of perpetrators and victims to withdraw their consent during the process. Agreements must also be reached voluntarily and contain reasonable and proportionate obligations; c) The agreement is based on fundamental facts relating to the case in question, and the perpetrator's participation cannot be used as evidence of an admission of guilt in subsequent legal proceedings; d) Disparities due to imbalance, both strength and cultural differences must be considered in implementing the restorative justice process; the safety of the parties must be considered in the restorative justice process; e) If a restorative process is inappropriate or impossible, the case must be returned to the criminal justice system officials, and a decision must be taken to process the case immediately without delay (Zulfa, 2011). In this case, criminal justice officials must encourage perpetrators to take responsibility for dealing with victims and the harmed community and continue to support efforts to reintegrate victims and perpetrators into society.…”

Section: Application Of Restorative Justice As Legal Protection For V...mentioning

confidence: 99%

The Concept of Restorative Justice as a Means of Legal Protection for Victims of Crime in Indonesia

,¹,

Sambas²,

Zakaria³

2022

IJSSHR

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This research aims to determine how the concept of legal regulation regarding Restorative Justice is used as legal protection for victims of criminal acts in Indonesia. The analysis used in this study is qualitative with a normative juridical approach. This study concludes that the restorative justice paradigm offers another way of dealing with crime. According to the restorative justice paradigm, the process of resolving crimes involves the perpetrators, victims, and the community. The Criminal Code regulates more about protecting the rights of suspects, defendants, and convicts as part of protecting human rights. Progressively various laws and regulations have become the legal basis for the settlement of criminal cases by implementing the restoration of justice as the protection of victims of crime, social recovery, and reducing the burden on the state. The Criminal Code is also still oriented towards retributive justice, which is punitive as retaliation for the perpetrators of criminal acts. In the retributive justice paradigm, the sanctions imposed are not aimed at retaliating against the perpetrators of the crime but sanctions that can arouse the perpetrator's responsibility for the suffering of the victim or sanctions that aim to restore the suffering of the victim.

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Section: Application Of Restorative Justice As Legal Protection For V...mentioning

confidence: 99%

The Concept of Restorative Justice as a Means of Legal Protection for Victims of Crime in Indonesia

,¹,

Sambas²,

Zakaria³

2022

IJSSHR

View full text Add to dashboard Cite

show abstract

“…The state protects citizens, so it is the country that is dealing with the perpetrators of the crime. This is where the position of the victim appears as the party that is the most harmed related to a crime of losing its role [34]. The terminology "the aggrieved party" refers to the victim, as set out in the explanation of the article.…”

Section: Victim's Perspective On Corruption Crimesmentioning

confidence: 99%

Pretrial on SP3 Corruption Case in the Perspective of Victim Justice

2020

J. Environ. Treat. Tech.

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Corruption in Indonesia has spread like a virus since the 1960s that is harming the nation’s economy as well as victims of these crimes. Although the government tried to eradicate such crimes i.e. law enforcement, the issue still exists. The normative legal research method is used in the current study. The statute approach is utilized to review the termination of investigations as the basis for pre-trial submission by third parties for which data was collected by library research. To analyse the data, researchers examined the obtained materials to process it further. Results state that there is still a significant gap between law enforcement officials and people suffering from these corruption cases. The pre-trial complaint mechanism is not effective so far thus leaving ambiguity in victims’ minds. Based on study results, we, therefore, recommend that some serious and clear eradication mechanism should be introduced by law enforcement agencies to reduce corruption in Indonesia as well as victims should be given special consideration in the whole justice process.

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“…As the use of restorative justice model has been discouraged by several countries in the 1990's., The approach to settle criminal cases focusing on the protection of victims by involving direct participations of perpetrators, victims and communities in the settlement process continually made [1]. Then, in 2000, the United Nations issued Basic Principles on the Use of Restorative Justice Programs in Criminal Matters contain a number of fundamental principles of restorative justice approach [2]. In Indonesia, the concept has been underwritten in light cases involving children which enable to be settled outside the court.…”

Section: Introductionmentioning

confidence: 99%

Social Discipline Concept of Restorative justice in Indonesian Human Rights Policy

Samad¹

2018

Proceedings of the 1st International Conference on Social Sciences (ICSS 2018)

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Although restorative justice model has been discouraged internationally, Indonesia has not formally used it within the judicial system. Therefore, in a way to socialize the model, the author is analyzing the cogency of a restorative theory of Primary Stakeholder proposed by McCold using Social Discipline concept on Indonesian human rights cases: Masykur Abdul Kadir against the Terrorism Act, Abilio Soares against Human Rights Court Law, and former members of Indonesian Communist Party-PKI against the General Election Law. The cases were in line with past actions but were in conflict with constitutional human rights protection, so then decided by the Constitutional Court. It were found that the court had to accomplish the needs of legal and political interests within the same time in a way to protect human rights and social comments were matter as they were driving court decisions of the cases. By this, although Masykur and other Bali Bombs trials had attracted social attentions leading to a high social sentiment to punished perpetrators, his legally constitutional rights that also supported by public opinion alongside government political deed had challenged the application the restorative concept. This was also seen in cases of Soares and former members of Indonesian Communist Party.

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Restorative Justice in Indonesia: Traditional Value

Cited by 9 publications

References 0 publications

The Concept of Restorative Justice as a Means of Legal Protection for Victims of Crime in Indonesia

The Concept of Restorative Justice as a Means of Legal Protection for Victims of Crime in Indonesia

Pretrial on SP3 Corruption Case in the Perspective of Victim Justice

Social Discipline Concept of Restorative justice in Indonesian Human Rights Policy

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