Problem of Regulations of Restorative Justice by Law Enforcement Agencies in Indonesia

DOI

10.2991/978-2-38476-152-4_146How to use a DOI?

Keywords

Criminal Law; restorative justice approach; law enforcement agencies

Abstract

Restorative justice in criminal law is known in Indonesia in the Juvenile Criminal Justice System as diversion. As for adult criminals, it has just been enforced these days. Instead of going to court or engaging in litigation, restorative justice is used to settle criminal matters. The state remains present through its law enforcement agencies as a facilitator and mediator. This restorative justice approach cannot be used to solve all crimes, only crimes with certain requirements in laws and regulations. On the other hand, each law enforcement agency has its own set of regulations regarding the criteria for criminal crimes that can be handled through a restorative justice approach. Through this background the researcher wants to analyze the regulations regarding the requirements for crimes that can be handled using a restorative justice approach which is regulated by the regulations of each law enforcement agency and the legal consequences of different regulations regarding the requirements for Crimes that can be handled through restorative justice approach in each law enforcement agencies. This research is normative legal research as the method, using statutory and conceptual approaches. Both primary and secondary legal sources were utilised in this study's legal research. which are collected through document studies. The collected legal materials were then analyzed qualitatively. The results of this study later revealed that different regulations in each law enforcement agency resulted in a lack of legal certainty and disharmony of laws and regulations.

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  - S. H. M. H. Gelar Ali Ahmad
AU  - S. H. M. H. Pudji Astuti
AU  - S. H. M. H. Vita Mahardhika
PY  - 2023
DA  - 2023/12/19
TI  - Problem of Regulations of Restorative Justice by Law Enforcement Agencies in Indonesia
BT  - Proceedings of the International Joint Conference on Arts and Humanities 2023 (IJCAH 2023)
PB  - Atlantis Press
SP  - 1441
EP  - 1445
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-38476-152-4_146
DO  - 10.2991/978-2-38476-152-4_146
ID  - GelarAliAhmad2023
ER  -