Restorative Juctice in Indonesian Law Enforcement: Due Process Model Perspective Analysis

DOI

10.2991/978-2-38476-218-7_110How to use a DOI?

Keywords

RJ; law enforcement officers; due process model

Abstract

Restorative justice (RJ) carries the idea of restoration to its original state and involvement of victims in the process in resolving criminal cases. However, in Indonesia, law enforcement institutions: the Police, Prosecutor and Supreme Court give a narrow meaning to RJ, which makes it seem as RJ is only interpreted as terminating cases. This article examines the regulation and application of RJ in Indonesia from the perspective of due process of law principle. The research method is qualitative with a normative legal approach. The research result shows that a narrow interpretation of the meaning of RJ has important implications for the implementation of the principles of due process of law in criminal procedural law, such as the PoI (PoI) and the principle of NSI (NSI). Equating RJ with discontinuing a case creates a potential violation of the two principles: PoI and NSI, which should protect suspects or defendants. This narrowed understanding is also not in line with the principle of voluntarism in RJ. Although the defendant may declare that he is willing to stop the case, this is more due to a desire to end the legal process, rather than true voluntarism. Therefore, it is important to return the essence of RJ to its true principle, namely restoration to its original state. The application of RJ must be able to balance two conflicting interests, namely the interests of the victim and the interests of the perpetrator. This is all done so that the implementation of RJ in Indonesia is in line with the principle of human rights as the essence of Due Process of Law principle.

Copyright

© 2024 The Author(s)

Open Access

Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

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TY  - CONF
AU  - Lenna Andriyani
AU  - Hartiwiningsih Hartiwiningsih
AU  - Pujiyono Suwadi
PY  - 2024
DA  - 2024/02/22
TI  - Restorative Juctice in Indonesian Law Enforcement: Due Process Model Perspective Analysis
BT  - Proceedings of the International Conference On Law, Economic & Good Governance (IC-LAW 2023)
PB  - Atlantis Press
SP  - 662
EP  - 669
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-38476-218-7_110
DO  - 10.2991/978-2-38476-218-7_110
ID  - Andriyani2024
ER  -