Restorative justice and legal culture

Gude, Alejandra Díaz; Papic, Iván Navarro

doi:10.1177/1748895818796549

Cited by 13 publications

(5 citation statements)

References 24 publications

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“…Providing Legal Guidance: The Prosecutor's Office can provide legal guidance to perpetrators and victims regarding the legal implications of the restorative agreements reached. It is important to remember that the role of the Prosecutor in Restorative Justice may vary based on jurisdiction and legal practice in a country or region (Díaz Gude & Navarro Papic, 2020). The main objective of the Attorney's role in a restorative justice approach is to facilitate the process of reconciliation, rehabilitation and recovery (London, 2003), in line with the principles of law and justice.…”

Section: Results and Discussion The Attorney's Authority In Handling ...mentioning

confidence: 99%

Law Enforcement in Criminal Cases Based on Restorative Justice by the Prosecutor's Office

Rahmat,

Nursal Umar

2023

EAJMR

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The lack of law enforcement is trapped in legal certainty and procedural justice only in carrying out law enforcement powers, ignoring substantial justice, which is the basic goal of the law itself. The purpose of this research is to find out how law enforcement in criminal cases is based on restorative justice by the prosecutor's office. This research method uses the type of normative legal research defined as a research method on statutory rules. The nature of this research is descriptive because it describes systematically positive laws and principles or theories related to restorative justice. The results of this study show that the enforcement of criminal acts based on Restorative Justice by the prosecutor's office is carried out based on the Attorney General's Regulation of the Republic of Indonesia Number 15 of 2020 concerning Termination of Prosecution Based on Restorative Justice. The public prosecutor can terminate the prosecution in the public interest.

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Section: Results and Discussion The Attorney's Authority In Handling ...mentioning

confidence: 99%

Law Enforcement in Criminal Cases Based on Restorative Justice by the Prosecutor's Office

Rahmat,

Nursal Umar

2023

EAJMR

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“…Although debates around the application of restorative justice continue, particularly regarding the limits of punishment and stakeholder empowerment, this concept has long been integrated into the values of traditional community life worldwide (Gude & Papic, 2020). This approach offers a method of conflict resolution that involves not only the judiciary but also the broader community, prioritizing the restoration of conditions and interpersonal relationships before the occurrence of a criminal offense.…”

Section: A the Concept Of Restorative Justice In Resolving Criminal O...mentioning

confidence: 99%

Resolution of Theft Cases Using Restorative Justice Approaches in Court

Bahari,

Surbakti,

Iksan

2024

AIJIH

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This research aims to understand how theft cases are resolved using the restorative justice approach in court. This study combines normative and empirical research methods. Subsequently, the collected data were analyzed qualitatively to describe the problem and address the research purposes. The results show that resolving theft cases with a restorative justice approach in court offers a new paradigm that not only focuses on applying retributive justice but prioritizes the processes of restoration and reconciliation between the Accused and the Victim. Through the implementation of Supreme Court Regulation Number 1 of 2024, the stages of case resolution with restorative justice from trial preparation to creating a restorative agreement ensure that the justice pursued is restorative. The effectiveness of this approach depends on the Victim’s willingness to forgive the Accused, the restoration of losses suffered by the Victim, and the Accused’s status as a non-recidivist. Therefore, it is recommended that Judges proactively facilitate dialogue between the Accused and the Victim and ensure that the restorative agreement adheres to the principles of proportionality and substantive justice. Public Prosecutors should more actively identify cases suitable for restorative resolution and prepare proof and physical evidence carefully to support the mediation process. The Accused and the Victim are encouraged to participate openly and honestly in mediation. In particular, The Victim needs encouragement to state their losses and needs clearly, and to consider the option of reconciliation as a step towards recovery. Finally, the community is expected better to understand the benefits and processes of restorative justice, thereby providing broader support for a criminal justice system oriented not only towards delivering retributive justice but also towards restoration and repairing social relationships in the future.

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“…(See table 2) Of the 410 criminal cases concluded between 1 January 2013 and April 2013 after the introduction of the new Criminal Procedure Law, 15 cases of "criminal reconciliation" were applied, representing an application rate of 3.66%. However, these 15 cases did not strictly apply the relevant provisions of the new law on criminal reconciliation, and therefore were not "criminal reconciliation" in the true sense [1].…”

Section: The Imperfect Combination Of "Legal Effect" and "Social Effe...mentioning

confidence: 99%

The Practice and Improvement of Criminal Reconciliation in Grassroots People's Courts

2023

law

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The People's Court of District S has been actively exploring the mechanism of criminal reconciliation in public prosecution cases since early 2010, and in the past three years, criminal reconciliation cases have achieved certain legal and social effects, but also revealed some shortcomings and shortcomings in the application of procedures. However, this legislation is unable to meet the realistic needs of criminal judicial practice, especially the grassroots criminal judicial practice, and there are problems of application, mode and limit, etc. In future judicial practice, it is necessary to enhance the operability of the initiation of the procedure, improve the standardization of the conduct of the procedure, increase the possibility of equal application, and establish supporting mechanisms to guarantee the function of reconciliation In future judicial practice, there is a need to enhance the operation of the procedure, improve the regulation of the procedure, enhance the possibility of equal application, and establish supporting mechanisms to guarantee the full play of the function of reconciliation.

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Restorative justice and legal culture

Cited by 13 publications

References 24 publications

Law Enforcement in Criminal Cases Based on Restorative Justice by the Prosecutor's Office

Law Enforcement in Criminal Cases Based on Restorative Justice by the Prosecutor's Office

Resolution of Theft Cases Using Restorative Justice Approaches in Court

The Practice and Improvement of Criminal Reconciliation in Grassroots People's Courts

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