Implications of Solving Criminal Matters with Restorative Justice Approach

Abstract

The essence of the implementation of restorative justice is an effort to achieve justice and the implementation of law enforcement without setting aside one another, so as to create a sense of justice and create legal certainty in the settlement of criminal acts by prioritizing the principles of benefit and legal certainty. Settlements are carried out outside the proper channels with the aim of protecting the interests of both parties in providing a win-win solution, namely victims of criminal acts and perpetrators of criminal acts. The results of legal research using a conceptual and statutory approach show that judicial institutions in Indonesia have not implemented or implemented the concept of restorative justice as a whole, this is the problem in the research. This can be proven by the fact that if viewed from the series of developments in the concept of restorative justice, restorative implementation in Indonesia has not been implemented or is categorized as restorative which implies that it cannot be applied or can only be partially applied to this justice approach system in Indonesia, one of which can in restorative (can use the concept of restorative justice) is on the settlement of minor crimes.

Keywords : Implication, Criminal, Restorative Justice

DOI: 10.7176/JLPG/110-10

Publication date:June 30^th 2021