The Enforcement of Restorative Justice in Indonesian Criminal Law

García, Virginia Palacios; Disemadi, Hari Sutra; Arief, Barda Nawawi

doi:10.22219/ljih.v28i1.10680

Cited by 10 publications

(9 citation statements)

References 6 publications

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“…Restorative sanctions are sanctions that can arouse the perpetrator's sense of responsibility for the suffering experienced by the victim as a result of his actions. Criminal sanctions formulated and imposed in criminal law that is built based on a restorative paradigm are sanctions that pay attention to the perpetrator's need to make amends, sanctions that consider the needs of victims to recover from their suffering, and sanctions that consider the interests of the state to maintain/maintain peace in social life (Garcia, 2020).…”

Section: Results and Discussion Sanctions For Criminals In Restorativ...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: Results and Discussion Sanctions For Criminals In Restorativ...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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“…The restorative justice approach also emphasizes the importance of addressing the needs and interests of the perpetrators. In the context of Papua, where many perpetrators of crime are indigenous people or human rights activists, it is important to ensure that they receive fair and decent treatment (Garcia et al, 2020). This may involve efforts to reduce inequality in the legal system and improve conditions in prisons.…”

Section: Restorative Justicementioning

confidence: 99%

Bridge to Justice: Human Rights in Building Modern Legal System in Indonesia

Katjong,

Yanuaria

2024

J. of Law and Sust. Develop.

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Introduction: The pursuit of justice and equity is a fundamental aspect of any modern legal system. In Indonesia, the development of a modern legal system that upholds human rights principles is a crucial step towards achieving a fair and just society. This article explores the role of Human Rights (HR) in the development of a modern legal system in Indonesia, with a focus on the province of Papua as a case study. Theoretical framework: This article adopts a theoretical framework that combines the concepts of human rights, legal development, and social justice. Human rights are fundamental rights and freedoms that every individual is entitled to, regardless of their race, religion, or social status. Legal development refers to the process of creating and implementing laws that protect and promote human rights. Social justice is the concept of creating a fair and equitable society where every individual has access to the same opportunities and resources. Method: This research employs a qualitative method using literature review and policy document analysis. A literature review was conducted to explore the concepts of human rights, legal development, and social justice. Policy document analysis was carried out to understand the objectives, structure, and implementation of human rights laws and policies in Indonesia, with a focus on Papua. Results and Conclusions: The development of a modern legal system in Indonesia, particularly in Papua, has been influenced by various factors, including historical, cultural, and political factors. The implementation of human rights laws and policies in Papua has faced challenges, including lack of awareness, resources, and political will. However, there have been some positive developments, such as the establishment of human rights commissions and the adoption of human rights education programs. The findings of this research indicate that the development of a modern legal system in Indonesia, particularly in Papua, requires a comprehensive approach that addresses the root causes of human rights violations and promotes social justice and equity. Effective and sustainable implementation of human rights laws and policies requires collaboration and commitment from various parties, including the government, civil society, and international organizations.

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“…26 The principles of restorative justice are supported across Indonesia by the aspects of customary law common to each country's region. 27 The violation of custom or activities performed by custom is viewed as a problem for which customary law provides a solution. In some areas, customary law and justice are still considered, and the idea of restorative justice is not novel.…”

Section: Restorative Justice System In Indonesiamentioning

confidence: 99%

A Restorative Justice System in Indonesia: A Close View from the Indigenous Peoples’ Practices

Rochaeti

Prasetyo

Rozah³

et al. 2023

Sriwijaya Law Rev.

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The Indonesiancrime rate until May 2020 increased due to public orders and crime disturbances in the last 22 weeks.Data from correctional institutions in February 2021 showed that some regional offices were over capacity while others were normal. The 1945 IndonesianConstitution recognises traditional institutions in the criminal justice system and requires judges to consider legal values and a sense of justice in society. This study aims to determine Indonesia's customary criminal justice system as a form of restorative justice. This research used a socio-legal approach and found that public participation in Indonesia, through customary groups, can help prevent crime and solve problems through discussion and following applicable customary law processes. As a result, Indonesian researchers have regulated and recognised customary justice's existence and implemented it to deal with cases in their environment. Restorative justice is a criminal mechanism that aims to restore the relationship of the conflicting parties to the state before the conflict and is carried out informally. This concept is also an acknowledgement of oriental legal philosophy which, in resolving any conflict, always seeks to restore relations; macro stability or society can even affect the stability of the universe. The practice of Restorative Justice occurs in customary law. As a legal philosophy, the legal policy of implementing Restorative justice should be interpreted mainly as revitalising customary law if conflicts occur between fellow supporters of the same customary law. The settlement of cases in the Baduy community is straightforward. The settlement prioritises forgiving each other. Restorative justice is performed by combining criminal justice mechanisms with public participation in a discussion mediation.

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The Enforcement of Restorative Justice in Indonesian Criminal Law

Cited by 10 publications

References 6 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

Bridge to Justice: Human Rights in Building Modern Legal System in Indonesia

A Restorative Justice System in Indonesia: A Close View from the Indigenous Peoples’ Practices

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