The Concept of Restorative Justice in Handling Crimes in the Criminal Justice System

Abstract

Settlement of criminal cases through restorative justice, focusing directly on perpetrators, victims, and the community in the process of resolving criminal cases, Formulation of the problem how the concept of restorative justice in criminal law reform and prospects for the formulation of restorative justice in criminal law reform, using normative research methods. Based on the results of the study, it can be concluded that the concept of restorative justice can become permanent legal politics in building the national criminal law system in the future. The draft Criminal Code has accommodated the principle of restorative justice participation as a method of resolving problems outside the court, so it is very possible if the concept of restorative justice is used as a criminal law reform in Indonesia in the future and the prospects for the formulation of restorative justice in criminal law reform have been adapted in Indonesian law by the existence of regulations made by law enforcement, where the principle of restorative justice regulated in the internal provisions of case settlement from law enforcement and it is implemented sectoral and doesn’t use a criminal law policy theory approach, namely the renewal of criminal law through the formation of laws and restorative justice theory as a whole, namely as the approach to the concept of restorative justice. The response to a restorative justice settlement has received a positive appreciation from the community and law enforcement officials. It is suggested the need to accommodate the settlement of criminal cases through restorative justice against criminal acts in the Criminal Procedure Code and the Criminal Code that will come with certain conditions. Such a process also needs to be applied at all stages of the examination, starting from the investigation, prosecution, and trial.

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

“…Restorative justice is practiced by intentionally including disputing parties and third parties as mediators to find a win-win solution instead of going through the criminal justice system (Obaydhillah & Gunarto, 2021). In Indonesia, law enforcement using restorative justice has also begun to be used in various judicial institutions, one of which is the prosecutor's office (Awaliah Nasution et al, 2022). In criminal matters, the Attorney General acts as a public prosecutor, representing the state and society.…”

Ensuring Administrative Legality and Justice Through Judicial Review In Indonesia

“…In addition, justice in Indonesia is more than just punitive measures, it is also related to the ethos of restorative justice. This approach prioritizes restoring harmony and reconciliation between victims and perpetrators, often taking inspiration from Pancasila, Indonesia's basic philosophy (Awaliah Nasution et al, 2022). By emphasizing dialogue and cooperation, restorative justice seeks to address the underlying causes of conflict and abuse, with the aim of holistic healing and reintegration of communities.…”

Theoretical and practical dimensions of legal responsibility in criminal justice

“…The scientific article "The Concept of Restorative Justice in Handling Crimes in the Criminal Justice System" by N. P. A. Nasution, F. Hamdani, and A. Fauzia (2022) explores the concept of restorative justice in the context of criminal justice. Scholars have examined how restorative justice can be integrated into traditional criminal justice systems, providing alternative approaches to addressing crime.…”