Karya Ilmiah
DISERTASI (311) - Justice Collaborator Dalam Sistem Peradilan Pidana Indonesia
Restorative justice in the criminal justice system in Indonesia is only known in the
juvenile criminal justice system through a diversion system approach in handling
criminal acts with child offenders. Restorative justice as an alternative settlement
of criminal cases is still difficult to be accepted as a whole so that its application is
still very minimal in the criminal justice system. The research is intended to
examine the application of restorative justice without discrimination, in criminal
cases without exception including serious general criminal offenses and other
special criminal offenses or criminal acts of corruption. The criminal justice
system which is oriented towards restorative justice will shift the old paradigm
that is important for perpetrators to go to prison as the main means of criminal law
enforcement. Restorative Justice is the settlement of criminal cases involving the
perpetrators, victims, the families of the perpetrators / victims, the community and
law enforcement officials (as state representatives) to jointly seek a fair resolution
by promoting recovery of the situation through the criminal justice system. The
philosophy of restorative justice in the context of combating crime is restorative
justice is a new paradigm of criminal philosophy that promotes justice and
benefits in crime prevention, legal protection towards the restoration of criminal
offenses, victims and the community and solutions to excess capacity of prisons
and reduction of the burden on the state budget. The criminal justice system with
the restorative justice approach as ius constituendum must still prioritize legal
certainty in order to guarantee legal protection for victims and the implementation
of the principle of justice fast, simple and low cost.
Keywords, Criminal Justice System, Restorative Justice, Perpetrators, Victims
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