URGENSI REKONSEPTUALISASI DAN LEGISLASI KEADILAN RESTORATIF DI INDONESIA
Abstract
Restorative justice has been popular in the world including Indonesia. Generally, restorative justice known as criminal justice outside the court; applied for juvenile and misdemeanor. Issues raised were how development and arrangement of restorative justice in international human right and how the urgency legislation reconceptualization and restorative justice legislation in the judicial system of Indonesia. Research methods are juridical normative with statute, historical, comparison and philosophy approach. The conclusion is that International human right law has given minimum standard principles, that the application of restorative justice is not only for juvenile cases, but also for gross human rights violations, as well as ordinary criminal offenses are not limited misdemeanor. Another development is the known of hybrid restorative justice. Urgently for reconceptualizing and legislating of comprehensive restorative justice in the Indonesian law system as restorative justice provides many benefits; l egislation would eliminate or reduce barriers to systematic implementation of restorative justice; provide legal inducement, providing practical guidance and oversight structures restorative programs, and ensure the protection of rights of perpetrators and victims participating in restorative program. Suggestion of this research is to be done reconceptualization and legislating that restorative justice is not just a discourse, but can be applied in concrete cases.
Keywords
DOI: http://dx.doi.org/10.33331/rechtsvinding.v2i2.77
Refbacks
- There are currently no refbacks.