The Concept and Model of Restorative Justice Integration in the Crime of Defamation

Abstract

The concept of Restorative Justice in the Indonesian criminal justice system is an interesting study and analysis, because so far various writings have only seen settlements through Restorative Justice as the settlement of cases outside the judiciary. This study uses a normative method with an approach to legislation and concepts as well as the use of the main legal sources from the results of the dissertation study. The results of the study indicate that regulatory aspects of criminal case settlement in Indonesia have existed through sectoral regulations of the police and prosecutors. There have been many implementations of the settlement of criminal cases through Restorative Justice, especially regarding the crime of defamation as a crime complaint. The settlement of crimes of defamation through Restorative Justice has provided protection for victims. The concept of protecting victims of defamation crimes is the legal interest of the victim, forgiveness, harmonization of the relationship between the victim and his/her treatment and family as well as the restoration of the victim's social environment. The integration model for the settlement of the crime of defamation is carried out through a peace agreement between the victim and the perpetrator which is followed up through the termination of the investigation or prosecution of the case. In court, the settlement through Restorative Justice is used as the basis for judge's consideration in mitigating sentences in the form of probation. Internal supervision through the leadership of law enforcement agencies and external supervision through pretrial is a means of controlling the integration of Restorative Justice in the Indonesian criminal justice system.

Keywords: Restorative Justice, Crime of Defamation, The Indonesian Criminal Justice System.

DOI: 10.7176/JLPG/116-02

Publication date: December 31^st 2021