SETTLEMENT OF CRIMINAL CASES WITH RESTORATIVE JUSTICE IN THE CRIMINAL LAW SYSTEM JUDGING FROM THE POLITICS OF CRIMINAL LAW IN INDONESIA
Abstract
ABSTRACT
Today, when a crime occurs, society tends to use the court route which conceptually and theoretically will create justice, but in reality, this is something that is not easy to achieve. It should be realized that the results to be achieved from the process of resolving cases through the judiciary are win-lose solutions, with such characteristics, there will be winners and losers. The data analysis used in this study is a qualitative data analysis technique, which can be narrative. The concept or approach of restorative justice must be carried out in an integrated manner. This is important considering that if one of these components does not apply the concept or approach of restorative justice, a restorative decision may not be implemented. For example, the police and prosecutors have adopted the concept of restorative justice but judges still adhere to a legal mindset, in cases like this the judge will make decisions that are very normative so that even prisons cannot apply the concept of restorative justice. Therefore, the approach or concept of restorative justice must be carried out in an integrated manner between one component and the other. Implementation of the concept of restorative justice (restorative justice) in the integrated criminal justice system in Indonesia has not been carried out in an integrated manner. This is partly because the sub-systems of criminal justice (police, prosecutors, judiciary, correctional institutions) in Indonesia do not fully understand what exactly is meant by the concept of restorative justice.
Keywords: Restorative Justice, Criminal Justice, Law
References
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