Proceedings of the 3rd International Conference on Business Law and Local Wisdom in Tourism (ICBLT 2022)

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Restorative Justice as a Law Renewal in Indonesia: A Concept or Theory?

Authors
Ketut Adi Wirawan1, *
1Law Faculty, Warmadewa University, Denpasar, Indonesia
*Corresponding author. Email: wiranisoe1202@gmail.com
Corresponding Author
Ketut Adi Wirawan
Available Online 25 January 2023.
DOI
10.2991/978-2-494069-93-0_86How to use a DOI?
Keywords
Restorative justice; Legal renewal; and Legal theory
Abstract

Restorative justice is a hot issue, especially at the level of practitioners and academics in Indonesia at the present day. It starts from its application in several laws and regulations to being discussed in the Draft Criminal Code. Therefore, it deserves to be analyzed because its application will have legal consequences in criminal law discussions and punishments and criminal procedural law, which we know as a criminal justice system. On this occasion, the researcher is interested in analyzing the current existence of restorative justice as a criminal law reform in Indonesia. Is it a concept or a theory? Furthermore, how is the application of restorative justice in Indonesia today? In this study, the researcher uses a normative method (apart from legal research methods’ dichotomy into normative and empirical). Based on the results, restorative justice is not a theory but only a concept that has been shifted into an approach poured into several laws and regulations in Indonesia today. Restorative justice as a legal reform in Indonesia in the field of punishment is currently stated in several statutes and regulations which, if examined, there are still differences in their definitions, so it is appropriate to be regulated in the form of law so that there is no ambiguous understanding, as well as its implementation in Indonesia.

Copyright
© 2023 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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Volume Title
Proceedings of the 3rd International Conference on Business Law and Local Wisdom in Tourism (ICBLT 2022)
Series
Advances in Social Science, Education and Humanities Research
Publication Date
25 January 2023
ISBN
978-2-494069-93-0
ISSN
2352-5398
DOI
10.2991/978-2-494069-93-0_86How to use a DOI?
Copyright
© 2023 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.

Cite this article

risenwbib
TY  - CONF
AU  - Ketut Adi Wirawan
PY  - 2023
DA  - 2023/01/25
TI  - Restorative Justice as a Law Renewal in Indonesia: A Concept or Theory?
BT  - Proceedings of the 3rd International Conference on Business Law and Local Wisdom in Tourism (ICBLT 2022)
PB  - Atlantis Press
SP  - 742
EP  - 751
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-494069-93-0_86
DO  - 10.2991/978-2-494069-93-0_86
ID  - Wirawan2023
ER  -