Restorative Justice Policy Model in the Future of Criminal Law

Restorative justice as a constructive, creative, self-determined action with assistance and open opportunities for group involvement. Peaceful resolution of criminal cases using this mechanism has even been a local wisdom in various regions and customary laws in Indonesia which aims to resolve conf...

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Main Authors: Rado Rudini Hasyim, Restu Monika Nia Betaubun, Emiliana B. Rahail
Format: Article
Language:English
Published: Fakultas Hukum, Universitas Muhammadiyah Buton 2024-12-01
Series:Jurnal Hukum Volkgeist
Subjects:
Online Access:https://jurnal-umbuton.ac.id/index.php/Volkgeist/article/view/5124
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author Rado Rudini Hasyim
Restu Monika Nia Betaubun
Emiliana B. Rahail
author_facet Rado Rudini Hasyim
Restu Monika Nia Betaubun
Emiliana B. Rahail
author_sort Rado Rudini Hasyim
collection DOAJ
description Restorative justice as a constructive, creative, self-determined action with assistance and open opportunities for group involvement. Peaceful resolution of criminal cases using this mechanism has even been a local wisdom in various regions and customary laws in Indonesia which aims to resolve conflicts, restore balance and bring a sense of peace. As a cultural manifestation, the restorative justice approach should also be realised in practice through the criminal justice system, which has so far seemed rigid. This research focuses on the restorative justice policy model in the future of criminal law. This research is classified as qualitative research with empirical juridical and normative juridical methods oriented to the statutory approach and conceptual approach. This research concludes that restorative justice is a necessity because in addition to international challenges and obligations, it has also become a national trend in the future of criminal law, especially through the New Criminal Code which contains mechanisms for restoring victims’ rights, penal mediation, diversion, supervision punishment and judicial pardon. These mechanisms can operate in various models of informal mediation, traditional village or tribal moots, victim-offender mediation, and reparation negotiation programmes.
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spelling doaj-art-579dc653b53c4ea9b15e60e088db8c142025-02-11T02:49:04ZengFakultas Hukum, Universitas Muhammadiyah ButonJurnal Hukum Volkgeist2528-360X2621-61592024-12-019110.35326/volkgeist.v9i1.5124Restorative Justice Policy Model in the Future of Criminal LawRado Rudini Hasyim0Restu Monika Nia Betaubun1Emiliana B. Rahail2Universitas MusamusFaculty Law, Social and Political Sciences, Terbuka UniversityFaculty of Law, Musamus University, Indonesia Restorative justice as a constructive, creative, self-determined action with assistance and open opportunities for group involvement. Peaceful resolution of criminal cases using this mechanism has even been a local wisdom in various regions and customary laws in Indonesia which aims to resolve conflicts, restore balance and bring a sense of peace. As a cultural manifestation, the restorative justice approach should also be realised in practice through the criminal justice system, which has so far seemed rigid. This research focuses on the restorative justice policy model in the future of criminal law. This research is classified as qualitative research with empirical juridical and normative juridical methods oriented to the statutory approach and conceptual approach. This research concludes that restorative justice is a necessity because in addition to international challenges and obligations, it has also become a national trend in the future of criminal law, especially through the New Criminal Code which contains mechanisms for restoring victims’ rights, penal mediation, diversion, supervision punishment and judicial pardon. These mechanisms can operate in various models of informal mediation, traditional village or tribal moots, victim-offender mediation, and reparation negotiation programmes. https://jurnal-umbuton.ac.id/index.php/Volkgeist/article/view/5124Restorative JusticePolicy Model Criminal Justice System
spellingShingle Rado Rudini Hasyim
Restu Monika Nia Betaubun
Emiliana B. Rahail
Restorative Justice Policy Model in the Future of Criminal Law
Jurnal Hukum Volkgeist
Restorative Justice
Policy Model
Criminal Justice System
title Restorative Justice Policy Model in the Future of Criminal Law
title_full Restorative Justice Policy Model in the Future of Criminal Law
title_fullStr Restorative Justice Policy Model in the Future of Criminal Law
title_full_unstemmed Restorative Justice Policy Model in the Future of Criminal Law
title_short Restorative Justice Policy Model in the Future of Criminal Law
title_sort restorative justice policy model in the future of criminal law
topic Restorative Justice
Policy Model
Criminal Justice System
url https://jurnal-umbuton.ac.id/index.php/Volkgeist/article/view/5124
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