The Restorative Justice: A Better Alternative to Reduce Recidivism

DOI

10.2991/assehr.k.210506.018How to use a DOI?

Keywords

restorative justice, punishment, recidivism

Abstract

Reforming the criminal justice system in Indonesia from retributive to restorative rehabilitative or a model of balance of interests is imperative. Despite the debate around the emergence of a new justice system model, It is providing insights into the current system that could be improved, namely the lack of rehabilitation and retributive theories oriented towards retaliation, assessing guilt, and imposing punishment. The perpetrator’s accountability is manifested by the punishment which tends to make the perpetrator not regret his actions. The provision of imprisonment has a negative impact too. One of them is excess capacity in the correctional institutions (Lembaga Pemasyarakatan or LAPAS). Excess capacity in LAPAS is causing the guidance of prisoners to be not optimal. So, the success rate of coaching prisoners to become better human beings even after serving their prison terms is low. In addition, the negative impact that occurs after sentencing is former inmates receive negative stigma from the community. It is prevented the social reintegration process that has resulted in recidivism behavior. Restorative justice is emerging as a judicial concept that emphasizes repair of losses caused or related to criminal acts, namely by involving the perpetrator/victim and other parties involved to jointly seek a fair solution by emphasizing restoration to its original state, and not retaliation. In restorative justice, the accountability of the perpetrator is manifested in the form of awareness of his mistakes and assisted in determining the steps. It must be taken in order to restore the situation. So, the goal of building a better society in the future can be realized. The capacity of restorative justice in reducing recidivism using the differential association theory approach and social control theory is the topic of this research discussion. This research is legal research using a conceptual approach.

Copyright

© 2021, the Authors. Published by Atlantis Press.

Open Access

This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).

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TY  - CONF
AU  - Vita Mahardhika
PY  - 2021
DA  - 2021/05/08
TI  - The Restorative Justice: A Better Alternative to Reduce Recidivism
BT  - Proceedings of the 1st International Conference on Law and Human Rights 2020 (ICLHR 2020)
PB  - Atlantis Press
SP  - 124
EP  - 129
SN  - 2352-5398
UR  - https://doi.org/10.2991/assehr.k.210506.018
DO  - 10.2991/assehr.k.210506.018
ID  - Mahardhika2021
ER  -