Penetapan Pengadilan sebagai Muara Dalam Penyelesaian Perkara Pidana di Luar Pengadilan Yang Menggunakan Pendekatan Restorative Justice

  • geney srikusuma dewi Fakultas Hukum Universitas Ngurah Rai
Keywords: Restorative Justice, Court Determination, Settlement of Criminal Acts

Abstract

estorative justice is a new approach in solving criminal cases. This approach emphasizes the
involvement of the parties, whether victims, perpetrators, or related parties, with processes and goals that
seek recovery, and not just retaliation. The restorative justice (RJ) approach in practice in Indonesia was
first recognized within the scope of juvenile justice, but developments in the police, prosecutors also apply
the RJ approach in the settlement of criminal acts that are resolved outside the court. The fact is that the
arrangements in each of these institutions have different stages and their completion and supervision only
involve one administering agency. Even though referring to the concept of an integrated criminal justice
system that law enforcement agencies must have integration and synergy. So it becomes important when
there is a settlement of a case using a restorative justice approach that is carried out outside the court to
ask for a court order to guarantee legal certainty. In the discussion it was found that the mechanism for
implementing the RJ has not yet been regulated in the form of a comprehensive regulation in the form of a
law so there is concern that it will have a level of disparity in its implementation. The results of this study
indicate that the settlement of criminal acts outside the court is regulated in the form of laws as in the
juvenile justice system and agreements for settlement of criminal acts must be determined in the form of
court orders.

Published
2023-05-29
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