PENERAPAN KEADILAN RESTORATIF SEBAGAI ALTERNATIF PEMIDANAAN BAGI PELAKU DEWASA (STUDI DI KEJAKSAAN TINGGI MALUKU UTARA)
Abstract
This research aims to analyze restorative justice legal policies as an alternative punishment for adult perpetrators in the criminal justice system in force in Indonesia and the mechanism for resolving criminal cases committed by adults based on the qualifications of the type of crime. in realizing restorative justice at the North Maluku High Prosecutor's Office. The research method used in this research was carried out through a doctrinaire study of research objects in the form of positive legal values, principles and norms, especially regarding the laws and regulations that regulate the problems of law enforcement agencies in dealing with Restorative Justice as an Alternative to Sentencing for Adult Offenders along with statutory regulations. related invitations. The results of this research show that the Restorative Justice Legal Policy as an Alternative to Punishment for Adult Offenders in the Criminal Justice System Applicable in Indonesia is a concept of thought that responds to the development of the criminal justice system by focusing on the need for community involvement and victims who are felt to be marginalized with mechanisms that work in The current criminal justice system can be used as the basis for a strategy for handling criminal cases whose aims are directed towards the good of the perpetrator, victim and society. That the mechanism for resolving cases of criminal acts committed by adults based on the qualifications of the type of criminal act in realizing restorative justice at the North Maluku High Prosecutor's Office is in accordance with the procedures for conciliation in terminating prosecutions based on restorative justice, contained in articles 7 to article 14 of the Republic of Indonesia Prosecutor's Regulations Indonesia Number 15 of 2020 concerning Termination of Prosecution Based on Restorative Justice. Even so, there are still weaknesses in its implementation as the results of research/research, researchers found that criminal acts were handled through diversion efforts carried out by adult perpetrators based on the Monthly Report of Restorative Justice (RJ) House Activities for June 2022, North Maluku High Prosecutor's Office, out of 10 (ten) At the District Attorney's Office in North Maluku, there are only two cases that can be handled by the Ternate District Prosecutor's Office.
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Authors who publish with this journal agree to the following terms:
- Authors retain copyright and grant the journal right of first publication, with the work [SPECIFY PERIOD OF TIME] after publication simultaneously licensed under aCreative Commons Attribution License that allows others to share the work with an acknowledgement of the work's authorship and initial publication in this journal.
- Authors are able to enter into separate, additional contractual arrangements for the non-exclusive distribution of the journal's published version of the work (e.g., post it to an institutional repository or publish it in a book), with an acknowledgement of its initial publication in this journal.
- Authors are permitted and encouraged to post their work online (e.g., in institutional repositories or on their website) prior to and during the submission process, as it can lead to productive exchanges, as well as earlier and greater citation of published work (See The Effect of Open Access).
