Application of the Principle of Restorative Justice in Case Settlement at the Prosecution Level

DOI

10.2991/978-2-38476-024-4_61How to use a DOI?

Keywords

Application; Restorative Justice; Prosecution

Abstract

Restorative justice is a process of resolving criminal cases that can be completed at the prosecution stage. Issues, problems or disputes that arise as a result of a crime or violation by bringing together victims, perpetrators and other stakeholders in an informal, democratic forum to find positive solutions that prioritize restoration of victims' losses rather than merely providing suffering/criminalization. To the perpetrator. By doing it through a Restorative Justice Approach, it essentially focuses its attention on crimes that challenge individuals and society rather than the state. Victims play an important role and can receive restitution from perpetrators of crimes or violations. Perpetrators of crimes or violations are required to provide compensation to victims proportionally. For example, a crime that causes physical and non-physical victims or road traffic violations that also cause losses, so that someone feels that the application of the concept of Restorative Justice will be more important if it is carried out, success can be obtained by finding a sense of justice between the two parties, both perpetrators and victims, so that can solve / resolve a problem. Therefore, the Prosecutor's Office as a prosecution agency is given the right and authority to be able to approach Restorative Justice in the settlement of certain cases, as regulated in Article 5 paragraph (1) of the Regulation of the Prosecutor's Office of the Republic of Indonesia Number 15 of 2020, concerning Termination of Prosecution Based on Restorative Justice.

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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TY  - CONF
AU  - Kastubi Kastubi
AU  - Agus Wibowo
PY  - 2023
DA  - 2023/04/19
TI  - Application of the Principle of Restorative Justice in Case Settlement at the Prosecution Level
BT  - Proceedings of the International Conference On Law, Economics, and Health (ICLEH 2022)
PB  - Atlantis Press
SP  - 615
EP  - 622
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-38476-024-4_61
DO  - 10.2991/978-2-38476-024-4_61
ID  - Kastubi2023
ER  -