Optimizing Restorative Justice Value in Prosecution Using Victim Impact Statement

DOI

10.2991/978-2-38476-164-7_10How to use a DOI?

Keywords

Prosecutor; Restorative Justice; and Victim Impact Statment

Abstract

Restorative justice is a concept of justice that involves all parties in the criminal justice system including the community and aims to restore the situation as it was before the crime occurred. The problem is that currently the RJ concept prioritizes the interests of the perpetrators by avoiding the trial process and the imposition of punishment. Meanwhile, from the victim’s side, the rights of victims are still not optimally considered. From several cases that have attracted public attention, victims’ losses have not been adopted in the trial process. The victims were not satisfied with the judge’s decision and felt that they had not received appropriate justice. The prosecution process, represented by the Public Prosecutor, mandates the prosecutor to better advocate for the perspective of crime victims in the prosecution process. The prosecuting agency through the Public Prosecutor has an important role in the realization of restorative justice, especially as an extension of the state representing the interests of victims. This research is normative in nature through literature study and case approach. It can be concluded that Victim Impact Statement can be used by public prosecutors in Indonesia as an alternative method to further optimize justice for victims. Victim impact statement in the prosecution process allows the victim or affected party to be heard and results in a fairer judge’s decision.

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  - Trisnaulan Arisanti
AU  - Nurani Ajeng Tri Utami
PY  - 2023
DA  - 2023/12/21
TI  - Optimizing Restorative Justice Value in Prosecution Using Victim Impact Statement
BT  - Proceedings of the 3rd International Conference on Law, Governance, and Social Justice (ICoLGaS 2023)
PB  - Atlantis Press
SP  - 98
EP  - 110
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-38476-164-7_10
DO  - 10.2991/978-2-38476-164-7_10
ID  - Arisanti2023
ER  -