Examining the Urgency of Restorative Justice: The Indonesian Attorney General’s Office and the Fight Against Corruption

DOI

10.2991/978-2-38476-315-3_52How to use a DOI?

Keywords

Attorney General’s Office; Restorative Justice; Urgency

Abstract

The legal system in Indonesia adheres to a comprehensive framework regulated by Law Number 8 of 1981, which specifically addresses the procedures pertaining to criminal law inside the nation. The Indonesian Office of the Attorney General plays a crucial part in the criminal justice system and is accountable for essential duties such as prosecuting and ensuring justice is served. Recently, there has been a noticeable shift towards a more progressive legal approach that prioritizes restorative justice. The trend is evident in Regulation Number 15 of 2020, which outlines the specific conditions for concluding legal procedures by implementing the concepts of restorative justice. However, there are challenges in implementing this strategy, specifically regarding discrepancies between the Office of the Attorney General and the police in adhering to restorative justice principles. This paper employs a doctrinal legal research technique to comprehensively examine these concerns. The study reveals discrepancies in the approach and deployment of restorative justice between the Office of the Attorney General and the police. Furthermore, disparities in the results of cases raise issues regarding the extent of collaboration between investigators and public prosecutors. The proposed steps to address these challenges entail enhancing the policies that regulate restorative justice inside the Attorney General’s Office. These methods encompass the reduction of case constraints and the enhancement of integration between investigators and public prosecutors. The primary goal is to establish an efficient and effective system of restorative justice in Indonesia that aligns with societal objectives, ensuring fairness and justice within the legal framework.

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  - Farid Achmad
AU  - Mohammad Jamin
AU  - Hartiwiningsih Hartiwiningsih
PY  - 2024
DA  - 2024/12/24
TI  - Examining the Urgency of Restorative Justice: The Indonesian Attorney General’s Office and the Fight Against Corruption
BT  - Proceedings of the International Conference on Cultural Policy and Sustainable Development (ICPSD 2024)
PB  - Atlantis Press
SP  - 384
EP  - 391
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-38476-315-3_52
DO  - 10.2991/978-2-38476-315-3_52
ID  - Achmad2024
ER  -