Restoration of Justice Based Perwatin Deliberation in Lampung

Abstract

Mass violence in Central Pekurun village in Abung Pekurun sub-district, North Lampung regency, resulted in injuries and fatalities. The Perwatin Deliberation, as the leading institution for the implementation of Lampung custom, succeeded in recovering the situation by making amends. The perpetrators have provided customary money refunds of 24 million IDR, slaughtered two buffaloes, and customary fines of 60 million IDR. The criminal justice system knows that it has been resolved according to customary law provisions to process the perpetrators until punished to 4 years six months. Then it creates legal injustice. The current development of the theory of punishment objectives has shifted from a retributive approach to a restorative approach. However, law enforcement officials are still based on the principle of absolute legality. The criminal justice system should no longer force someone to be punished by criminal law. In North Lampung Regency, restoring a sense of community justice has been going on since time immemorial as a living law carried out by traditional leaders who are members of the perwatin deliberation. It is still running and relevant to penal restorative justice mediation. Law enforcement officials should accommodate this perwatin deliberation as penal mediation for the Lampung Abung indigenous people. Socio-legal, the position and authority of the perwatin deliberation as penal mediation is represented by the elements of the perwatin deliberation, namely traditional punyimbang from the family level and relatives to the royal clan so that all parties obey the decisions made. Moreover, in the new Criminal Code, the principle of legality has experienced an expansion with the enactment of the living law.

Keywords: Justice Restoration, Mass Violence, and Perwatin Deliberation

DOI: 10.7176/JLPG/129-05

Publication date: February 28^th 2023