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Propst, Lisa y Christopher C. Robinson. "Pandemic Fiction Meets Political Science: A Simulation for Teaching Restorative Justice". PS: Political Science & Politics 54, n.º 2 (19 de enero de 2021): 340–45. http://dx.doi.org/10.1017/s1049096520001626.
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ABSTRACTWe team teach an interdisciplinary political science and literature course titled “Violence and Reconciliation,” with case studies on the Truth and Reconciliation Commission (TRC) in South Africa and on debates about whether to develop a TRC in Northern Ireland. The course culminates in a two-week simulation in which students role play the experiences, strategies, and needs of victims, perpetrators, legal teams, government officials, and NGOs in the aftermath of a horrific event that has torn a society apart. We assessed the simulation through pre- and post-simulation writing exercises as well as observations of insights revealed by students during negotiations. We believe the simulation is an effective tool for helping students move from a scholarly engagement with the processes of restorative justice to employing them in response to hatred and violence. This article describes the simulation for use or adaptation in other courses.
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Gibbon, Victoria E., Loretta Feris, Joscha Gretzinger, Kathryn Smith, Simon Hall, Nigel Penn, Tinashe E. M. Mutsvangwa et al. "Confronting historical legacies of biological anthropology in South Africa—Restitution, redress and community-centered science: The Sutherland Nine". PLOS ONE 18, n.º 5 (24 de mayo de 2023): e0284785. http://dx.doi.org/10.1371/journal.pone.0284785.
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We describe a process of restitution of nine unethically acquired human skeletons to their families, together with attempts at redress. Between 1925–1927 C.E., the skeletonised remains of nine San or Khoekhoe people, eight of them known-in-life, were removed from their graves on the farm Kruisrivier, near Sutherland in the Northern Cape Province of South Africa. They were donated to the Anatomy Department at the University of Cape Town. This was done without the knowledge or permission of their families. The donor was a medical student who removed the remains from the labourers’ cemetery on his family farm. Nearly 100 years later, the remains are being returned to their community, accompanied by a range of community-driven interdisciplinary historical, archaeological and analytical (osteobiographic, craniofacial, ancient DNA, stable isotope) studies to document, as far as possible, their lives and deaths. The restitution process began by contacting families living in the same area with the same surnames as the deceased. The restitution and redress process prioritises the descendant families’ memories, wishes and desire to understand the situation, and learn more about their ancestors. The descendant families have described the process as helping them to reconnect with their ancestors. A richer appreciation of their ancestors’ lives, gained in part from scientific analyses, culminating with reburial, is hoped to aid the descendant families and wider community in [re-]connecting with their heritage and culture, and contribute to restorative justice, reconciliation and healing while confronting a traumatic historical moment. While these nine individuals were exhumed as specimens, they will be reburied as people.
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Stamatakis, Nikolaos. "The Contribution of Religion to Restorative Justice Behind Bars". Journal of Law, Religion and State 2, n.º 3 (2013): 263–303. http://dx.doi.org/10.1163/22124810-00203002.
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The present article discusses restorative justice as a distinct way of looking at criminal justice, in particular at imprisonment. It aims to explain how and why some of the fundamental goals of restorative justice, such as reconciliation, reintegration, encounter, and forgiveness are more compatible with the Christian doctrine than with most present approaches to crime. Exploring the conceptual relationship and the contribution of Christianity to the promotion of restorative justice, and vice-versa, a second practical compatibility emerges between Christianity and imprisonment, with reference specifically to the restorative justice programs developed by faith-based organizations behind prison bars in New Zealand and South Africa. Although the article is written from a Christian perspective matching the clear (Christian-oriented) nature of the programs where the qualitative data derive from, it is not intended to be exclusionary. Restorative justice has application beyond the Judeo-Christian dogma and its principles are deeply embedded in all major religions. But Christianity is undoubtedly dominant both in restorative justice and in prison settings, as it has been constantly involved in the spread and delivery of numerous in-prison restorative justice programs worldwide.
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B. Mutmainnah Sudarmin, Andi, Monika Monika, Maman Supardi y Yusrial Yusrial. "Restorative Justice in Islamic Law: Solutions to Improve Social Justice Towards a Golden Indonesia 2045". El-Rusyd 8, n.º 2 (28 de diciembre de 2023): 97–104. http://dx.doi.org/10.58485/elrusyd.v8i2.203.
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Restorative Justice present as legal reform in Indonesia. Discourse Restorative justice as a legal practice, it is seen as a concept that is more just, has legal certainty, is beneficial and is based on human rights. However, in its application it still experiences many argumentative obstacles so that its use and concept are not yet mature. To this day there is no standard version regarding the concept of restorative justice itself. If examined more deeply, this concept is more similar to the idea of al-'Adalah al-Islahiyah which has existed since the Qur'an was revealed. The type of research used is library research (library research) by using a normative juridical approach regarding regulations and instruments in implementing the concept restorative justice in Indonesia, case study (case approach) related to effectiveness restorative justice in improving justice as well as comparative studies related to the concept a quo based on the view of Islamic law. The data used comes from literature and studies of related verses and hadiths as well as related laws and other regulations of restorative justice. The results of this analysis show that the concept of restorative justice In Islamic law is known asal-adalah al-islahiyah and char. This concept as a whole prioritizes the resolution of matters by emphasizing on reconciliation, forgiveness, restoration and improving the relationship as it is now. This concept is considered more relevant and guarantees rights and justice for the parties so it is considered necessary to be integrated in the system of restorative justice in Indonesia in an effort to realize a golden Indonesia 2045. The implication of this article is that there are standard rules regarding the mechanism for implementing restorative justice in Indonesia by presenting special institutions to accommodate the implementation of restorative justice.
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Saurabh Singla. "Reforming Criminal Justice: Evaluating the Efficacy of Restorative Justice Practices in Reducing Recidivism Rates". Indian Journal of Law 2, n.º 2 (30 de abril de 2024): 32–35. http://dx.doi.org/10.36676/ijl.v2.i2.08.
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Restorative justice practices have gained traction as alternative approaches to traditional punitive measures within criminal justice systems worldwide. This paper seeks to evaluate the efficacy of restorative justice practices in reducing recidivism rates. Through a comprehensive review of existing literature, empirical studies, and case analyses, we examine the impact of restorative justice programs on recidivism outcomes among offenders. By comparing recidivism rates between participants in restorative justice interventions and those subjected to conventional punitive measures, we aim to assess the relative effectiveness of restorative justice in preventing repeat offenses. Furthermore, we explore the underlying mechanisms and processes through which restorative justice principles, such as victim-offender mediation, restitution, and community involvement, contribute to positive outcomes in reducing recidivism. Insights from this evaluation can inform policymakers, practitioners, and stakeholders in the criminal justice system about the potential benefits and challenges of implementing restorative justice approaches as part of broader reform efforts aimed at reducing recidivism and promoting rehabilitation.
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Clark, Janine Natalya. "Youth violence in South Africa: the case for a restorative justice response". Contemporary Justice Review 15, n.º 1 (marzo de 2012): 77–95. http://dx.doi.org/10.1080/10282580.2011.653521.
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Kusworo, Daffa Ladro y Maghfira Nur Khaliza Fauzi. "Hybrid Restorative Justice: Optimizing Cessation Of Prosecution The Case Theft Through Restorative Judicial House". Ius Poenale 3, n.º 2 (21 de octubre de 2022): 115–28. http://dx.doi.org/10.25041/ip.v3i2.2714.
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The existence of restorative justice certainly brings a new paradigm in the settlement of criminal cases, with the settlement of cases solely out of court. Restorative justice-based law enforcement as manifested in all law enforcement agencies, especially the Prosecutor's Office in prosecuting cases based on the Republic of Indonesia Prosecutor's Regulation Number 15 Year 2020 concerning Termination of Prosecution Based on Restorative Justice. The application of the amount required to prosecute restoratives can be applied to the crime of theft as the highest case in Indonesia. This happened because the disrupted economy after the Covid-19 pandemic created a moral crisis with drastic theft crimes in Indonesia. Meanwhile, it was recently discovered that the establishment of a restorative justice house in each jurisdiction of the attorney general's office was found to optimize the resolution of all legal problems by screening cases that go to court, socializing the law to local residents, and being able to develop local wisdom. involving local traditional leaders to emphasize deliberation. This research uses normative legal research methods through the approach of applicable laws and regulations and literature study. The legislative approach is sourced from primary data and literature studies. Then in analyzing the problem, the author uses a descriptive analysis approach by applying the deductive method, namely conclude a general discussion into a specific statement. Of course, the restorative justice house guarantees legal certainty and is an adequate facility in its implementation, moreover the Attorney General's Office has also formed a Quick Response Task Force in maximizing the role of the restorative justice house, by providing input on cases that deserve to be resolved through restorative justice, one of which is the crime of theft. which is happening.
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Mernawati, Mernawati, Fauzie Yusuf Hasibuan y Kristiawanto. "Formulation of Strengthening Restorative Justice by the Public Prosecutor To Realize Legal Certainty". International Journal of Engineering Business and Social Science 2, n.º 2 (23 de diciembre de 2023): 969–74. http://dx.doi.org/10.58451/ijebss.v2i2.138.
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Restorative justice is a legal paradigm that emphasizes repair and reconciliation between criminals, victims and society, not just punishment. The implementation of restorative justice in Indonesia still needs strengthening, especially through the role of public prosecutors. This research aims to formulate a strategy to strengthen restorative justice by public prosecutors in order to realize legal certainty. This research uses socio legal research methods. The data sources used by researchers are primary, secondary and tertiary data obtained from literature analysis, case studies and interviews with law enforcement. The results of the research show that the strategy formulation for strengthening restorative justice to realize legal certainty implemented by public prosecutors is increasing and strengthening the competency of public prosecutors, integrating restorative justice in law enforcement guidelines, collaboration and partnerships between institutions and related parties, advocacy and public education, evaluation and improving policies, as well as upholding balanced justice
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Br.Siregar, Lisa Dewi Rafika, Toibah Hasibuan y Fatimah Zahara. "Penegakan Restorative Justice Dalam Perkara Pidana di Indonesia". As-Syar'i: Jurnal Bimbingan & Konseling Keluarga 5, n.º 2 (7 de enero de 2023): 471–81. http://dx.doi.org/10.47467/as.v5i2.2709.
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In practice, law enforcement agencies often hear the term restorative justice. In the current era, Indonesian criminal law reform is needed in the handling of criminal cases, especially by prioritizing restorative approaches to justice. Restorative justice is an attempt to solve a criminal case, to repair and make amends for the wrongs committed by the perpetrator (their family) to the victim (their family). In the process of resolving criminal matters with a restorative justice approach, the community's position is given not only that of the perpetrator or victim, but also the broader role of observer or enforcer of crime settlement agreements. Restorative justice enforcement focuses more on the conditions for bringing justice and reparation to the perpetrators of crimes and to the victims themselves. The issue discussed in this study is the application of restorative justice in criminal cases using prescriptive legal methods of descriptive analysis. This means you get a detailed and comprehensive picture based on legal norms and principles and legal regulations. Governing law, legal theory and doctrine, jurisprudence, and other literary studies. The results of this study indicate that the application of restorative justice approaches must be used as a legal basis. It should be highly integrated as a foundation and guide for all law enforcement agencies. Law Enforcement and Courts. Keywords:
Keywords: Law Enforcement, Restorative Justice, Criminal Cases
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Sandwick, Talia, Josephine Wonsun Hahn y Lama Hassoun Ayoub. "Fostering community, sharing power: Lessons for building restorative justice school cultures". education policy analysis archives 27 (18 de noviembre de 2019): 145. http://dx.doi.org/10.14507/epaa.27.4296.
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Increasingly, education policymakers are touting restorative justice as a way to interrupt the “school-to-prison pipeline,” which disproportionately impacts students by race, sexuality, and disability. A small but growing research literature suggests that restorative justice decreases suspension and behavioral incidents, while improving school climate—particularly when embraced as a schoolwide ethos, rather than a targeted disciplinary strategy. Restorative justice represents a marked departure from long-standing punitive approaches to discipline, however, and school communities are eager for support in navigating this culture shift. To this end, this article presents findings from case studies of five diverse NYC schools using restorative justice approaches. Drawing on qualitative data from interviews and focus groups with educators, students, parents, and school safety agents, our findings provide insight into key practices and resources, stakeholder perceptions, and challenges of and practical strategies for building holistic, schoolwide restorative justice. We present a series of “lessons” to inform restorative justice practice and policy, underscoring the importance of community-building, deliberate resources and infrastructure, interrogating localized and systemic power dynamics, and elevating student leadership.
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Smith, Cindy J. "Book Review: What is Community Justice: Case Studies of Restorative Justice and Community Supervision". International Review of Victimology 12, n.º 1 (enero de 2005): 110–11. http://dx.doi.org/10.1177/026975800501200109.
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Drapela, Laurie A. "Book Review: What Is Community Justice? Case Studies of Restorative Justice and Community Supervision". Criminal Justice Review 29, n.º 1 (mayo de 2004): 252–54. http://dx.doi.org/10.1177/073401680402900135.
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Ramizah Wan Muhammad. "Forgiveness and Restorative Justice in Islam and the West: A Comparative Analysis". ICR Journal 11, n.º 2 (30 de diciembre de 2020): 277–97. http://dx.doi.org/10.52282/icr.v11i2.786.
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Restorative justice, as a viable alternative to retributive justice, emerged in the West during the 1970s and 1980s. It emphasises respect, dialogue, and collaborative decision-making. This study explains the principles of the restorative justice system and describes various Islamic principles and values akin to restorative justice. Such a study is warranted by the fact that the compatibility of restorative justice with Islamic principles and values is under-researched in the social sciences and humanities. This study, based on primary sources and case studies, found that Islam encourages amicable settlement of disputes through mediation and arbitration while ensuring justice, fairness, and equity in all situations. Similar to restorative justice, Islamic principles emphasise respect, honour and dignity, and mutual obligations and responsibilities in righting wrong. Prophet Muhammad (SAW) and his successors applied these principles, and such a system continues to be practised in certain small villages in contemporary Muslim societies. However, unlike Western restorative justice, Islam places particular emphasis on forgiveness as a value, thus limiting the cycle of retribution and retaliation detrimental to society. Islam considers forgiveness as a great virtue that brings forth gratitude, heals broken relationships, and establishes peace at individual and social levels. Islam aims at constructing a just society which empowers victims, offenders, and the community. Unlike the Western concept of restorative justice, the shariah incorporates elements of restorative justice with a heavy emphasis on forgiveness, with or without an apology.
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Sukrisma Dewi, I. Gusti Ayu, Anak Agung Sagung Laksmi Dewi y I. Made Minggu Widyantara. "Keadilan Restoratif dalam Tindak Pidana Ringan di Masa Pandemi Covid-19". Jurnal Preferensi Hukum 2, n.º 3 (28 de octubre de 2021): 530–35. http://dx.doi.org/10.22225/jph.2.3.3996.530-535.
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At the time of the Covid-19 pandemic, various activities were suspended in terms of education, tourism, companies, politics, and the resolution of a case that caused a crowd or crowd. Where to minimize the spread of COVID-19 in resolving a minor problem, it can be done through Restorative Justice. The purpose of this study is to analyze the legal arrangements regarding restorative justice in minor crimes during the covid-19 pandemic and criminal sanctions against minor crimes based on restorative justice. This research is a normative legal research using primary and secondary legal sources. Data collection techniques are carried out to obtain the required legal materials through recording and documentation studies. Then, the legal materials are processed using interpretation analysis. The results of the study reveal that the regulation of restorative justice in minor crimes during the covid-19 pandemic is very necessary to regulate criminal sanctions against minor crimes based on restorative justice.
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Muammar, Muammar y M. Irham Roihan. "AN ANALYSIS OF THE IMPLEMENTATION OF THE PROSECUTOR'S REGULATION NUMBER 15 OF 2020 CONCERNING TERMINATION OF PROSECUTIONS BASED ON RESTORATIVE JUSTICE AGAINST THE ABUSIVE CRIMINAL ACT". Jurnal Al-Dustur 4, n.º 2 (1 de diciembre de 2021): 253–77. http://dx.doi.org/10.30863/jad.v4i2.1842.
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The termination of prosecution in Erna Wilis’s case with Case Register Number PDM-44.SPEM/Eoh.2/07/2020 at the West Pasaman District Attorney Office, the author analyzes the basic considerations of the Public Prosecutor in implementing Restorative Justice, the suitability of the termination of the prosecution with the Prosecutor's Regulation (PERJA) Number 15 of 2020 concerning the termination of prosecution based on restorative justice and the obstacles faced by the Public Prosecutor. The research uses empirical juridical research methods with analytical descriptive studies using primary and secondary data. From the results of the analysis, it was concluded that the consideration of the Public Prosecutor was to apply Restorative Justice based on Article 14 of the Criminal Procedure Code letter h. Article 140 paragraph (2) letter a of the Criminal Procedure Code and Article 3 paragraph (2) letter e of PERJA Number 15 of 2020 concerning Termination of Prosecution Based on Restorative Justice. The termination of prosecution is in accordance with PERJA Number 15 of 2020 substantively and the obstacles faced lie in the suitability of the timing of the termination of prosecution based on restorative justice.
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Akbar, Risqi, Sri Kusriyah y Achmad Sulchan. "The Implementation of Restorative Justice Approach through Restorative Justice Handling in Criminal Acts of Fraud & Embedding". Law Development Journal 4, n.º 3 (16 de agosto de 2022): 381. http://dx.doi.org/10.30659/ldj.4.3.381-388.
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The objectives of this study are as follows: To find out and analyze the application of case settlement through a restorative justice approach in handling fraud and embezzlement crimes. The method used by the researcher is juridical sociological approach. The specifications in this study are descriptive. The sources and types of data in this study are secondary data obtained from library studies. Data analyzed qualitatively. Based on the results of the study that the application of case resolution through a restorative justice approach in handling the crime of fraud and embezzlement is carried out through a mechanism of several stages so that the action is truly an effort to enforce the law by prioritizing the principle of restorative justice. The application of this principle is a breakthrough in law enforcement, so that it can speed up the settlement of cases, the costs incurred are relatively cheaper and indirectly have an impact on improving the performance of investigators.
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Tiara Annisa Pri Elja. "TEORI KEADILAN RESTORATIF (RESTORATIVE JUSTICE) SEBAGAI UPAYA PELINDUNGAN TERHADAP ANAK YANG BERHADAPAN DENGAN HUKUM (STUDI PENYELESAIAN KASUS PIDANA ANAK DI POLRES TANJUNG PINANG)". JOURNAL EQUITABLE 7, n.º 2 (30 de noviembre de 2022): 192–207. http://dx.doi.org/10.37859/jeq.v7i2.4226.
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This study discusses the position of restorative justice theory in the regulation and application of juvenile criminal acts. There are several other studies related to the discourse discussed in this study. but by looking at these studies, this paper explores the position of restorative justice theory in the regulation and application of juvenile crimes.This research is a normative legal research using a statutory, conceptual, and case approach. the legal sources used are primary legal sources used are laws and regulations relating to the topic of this research. and also uses several other legal sources, namely secondary legal sources in the form of journals, books and literature related to this research.The analysis in this study uses qualitative analysis, namely the analysis of the data obtained for research using the technical analysis of qualitative data is generally subjective. In qualitative research, researchers get data from many sources and use many methods as is the case with several literatures, books, journals related to this research. This study discusses 1) the Urgency of Restorative Justice in Handling Cases of Children Dealing with and 2) Barriers to the Application of Restorative Justice in Criminal Cases of Children Confronting the Law at the Tanjungpinang Police.
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Pan, Yichen. "Critical Analyse of the Exceptions in Resorting to Restorative Justice When Children Come into Conflict with the Law". Malaysian Journal of Social Sciences and Humanities (MJSSH) 8, n.º 8 (31 de agosto de 2023): e002428. http://dx.doi.org/10.47405/mjssh.v8i8.2428.
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As the child justice system continues to evolve and the development of Children’s rights, there is a growing recognition of the need to address child offenders differently from adult offenders. Restorative justice has emerged as a promising approach to address the unique needs and circumstances of juvenile offenders, aiming to rehabilitate rather than solely punish. However, this research delves into the limitations and exceptions that may hinder the application of restorative justice in cases involving child offenders. The primary objective is to analyse the factors that influence the decision to deviate from restorative justice principles in children cases, which includes the severity of the offense; the age, maturity and attitude for guilty of the child; the times of committing offences of the child; the victim's perspective, and legal frameworks. By exploring these exceptions, the study aims to provide insights into the challenges and complexities that arise when applying restorative justice in child justice systems. Furthermore, the research employs a qualitative approach, involving a thorough review of legal provisions, case studies, and relevant literature to critically analyse the nuances of exceptions in restorative justice for children in conflict with the law. The findings contribute to the ongoing discourse surrounding the appropriate and effective use of restorative justice in juvenile cases, shedding light on when and why exceptions may be necessary. Ultimately, this paper serves as a valuable resource for policymakers, law enforcement officers, and researchers in the field of juvenile justice, offering a deeper understanding of the complexities inherent in implementing restorative justice in the child justice system.
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Rizanizarli, Rizanizarli, Mahfud Mahfud, Riza Chatias Pratama y Fikri Fikri. "The Application of Restorative Justice for Children as Criminal Offenders in the Perspective of National Law and Qanun Jināyat". Samarah: Jurnal Hukum Keluarga dan Hukum Islam 7, n.º 1 (31 de marzo de 2023): 21. http://dx.doi.org/10.22373/sjhk.v7i1.15633.
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This study aims to examine the application of restorative justice to children as criminal offenders based on the 2012 SPPA Law and the 2014 Qanun Jināyat. This study is an empirical legal study using a statutory approach and restorative justice theory. Data collection techniques were carried out through in-depth interviews and literature studies. The results of the study show that Article 5 paragraph (1) of the 2012 SPPA Law stipulates that if a child commits a crime or jarīmah, a restorative justice approach must be prioritized, and in Article 7 paragraph (1), it is stated that at investigation, prosecution, and examination level of a child's case in the district court, it is mandatory to attempt diversion. The Qanun Jināyat of 2014 does not separately regulate the settlement of children who commit crimes. However, it designates laws and regulations regarding juvenile justice. Qanun Jināyat regulates the handling of children who carry out a jarīmahikhtilaṭ to carry out an examination guided by the law mentioned above. However, in the case of children who commit crimes of ikhtilaṭ and are investigated by the police, the process is carried out in a restorative justice and diversionary manner. The forms of settlement in restorative justice are reconciliation with or without compensation, return to parents or guardians, social rehabilitation, and religious rehabilitation. This study argues that restorative justice treats children in a dignified manner oriented towards juctice and the interests of the child. Likewise, the study shows that SPPA Law and Qanun Jināyat complement each other.
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Priyana, Yana, Abdul Aziz Assayuti y Muhamad Romdoni. "Exploring the Effectiveness of Restorative Justice Practice in Criminal Law System". West Science Law and Human Rights 1, n.º 03 (31 de julio de 2023): 107–14. http://dx.doi.org/10.58812/wslhr.v1i03.120.
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The criminal justice system in Indonesia, like many other countries, faces the challenge of effectively addressing crime while ensuring justice for victims and rehabilitation for offenders. In response to the limitations of the traditional punitive approach, restorative justice has emerged as an alternative paradigm, emphasizing healing, reconciliation, and community involvement. This research study aims to trace the effectiveness of restorative justice practices within the Indonesian criminal justice system through a comparative analysis. By employing a mixed-methods approach, the research combines quantitative data from official criminal justice statistics and qualitative data from interviews, case studies, and focus groups. The findings reveal that restorative justice cases demonstrate higher rates of victim engagement, increased offender accountability, and lower recidivism rates compared to conventional cases. Victims express higher levels of satisfaction with the restorative justice process, and practitioners acknowledge its potential benefits. However, challenges in implementation and the need for community support are also evident. The research contributes to the ongoing discourse on criminal justice reform in Indonesia and provides evidence-based insights to guide policymakers in developing a more balanced and effective approach to addressing crime and promoting justice, healing, and restoration within society.
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Hambali, Azwad Rachmat. "Penegakan Hukum Melalui Pendekatan Restorative Justice Penyelesaian Perkara Tindak Pidana". Kalabbirang Law Journal 2, n.º 1 (28 de mayo de 2020): 69–77. http://dx.doi.org/10.35877/454ri.kalabbirang36.
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Penelitian ini bertujuan untuk menganalisi pendekatan hukum melalui pendekatan restorative justice penyelesaian perkara tindak pidana. Penelitian ini menggunakan metode penelitian kualitatif. Sumber data yang diperoleh melalui penelitian lapangan, maupun studi dokumen. Hasil penelitian menemukan bahwa sebagai suatu filosofi pemidanaan, restorative justice dapat membingkai berbagai kebijakan, gagasan program dan strategi penanganan perkara pidana sehingga diharapkan hasil proses tersebut dapat menciptakan keadilan yang dirasakan oleh pelaku, korban dan masyarakat serta menjawab berbagai permasalahan yang dihadapi oleh sistem peradilan pidana saat ini.
This study aims to analyze legal issues through reforming restorative justice to request criminal cases. This study used qualitative research methods. Sources of data obtained through field research, or document studies. The results of the research find facts as a philosophy of criminalization, restorative justice can frame various policies, programs and case planning strategies requiring results that can be made related to disputes, victims and the community related to solving the problems raised by the justice system.
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Mashau, Thinandavha Derrick. "“Go Home and Sin No More!” Reimagining Faith that Changes the Lives of Offenders to New Narratives of Rebirth and Transformation". International Bulletin of Mission Research 47, n.º 3 (22 de junio de 2023): 394–404. http://dx.doi.org/10.1177/23969393221139425.
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The justice system in South Africa used prisons as punitive instruments before the dawn of democracy. New developments focus mainly on restorative justice that seeks to rehabilitate, reintegrate, and restore offenders to their communities. This system has allowed space for chaplaincy and spiritual work in South African incarceration centers. This article uses the missional reading of John 8:1–11 and the narrative of David Heritage to demonstrate that faith, not religion, can change ex-offenders’ lives into narratives of rebirth and transformation. Ex-offenders are given a second opportunity to serve the missio Dei as agents of missional conversion and transformation.
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Athadia, Muhammad Daffa y Vincentius Patria Setiawan. "PELAKSANAAN PENERAPAN RESTORATIVE JUSTICE PADA TAHAP PENUNTUTAN DALAM PERKARA PENGANIAYAAN DI KEJAKSAAN NEGERI SURAKARTA". Verstek 11, n.º 3 (26 de agosto de 2023): 408. http://dx.doi.org/10.20961/jv.v11i3.73076.
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<div class="WordSection1"><p><em>This article was written to determine the implementation of the application of restorative justice in solving persecution cases at the prosecution stage. This research is in the form of normative or doctrinal legal research with a case approach, which is prescriptive and applied. The technique of collecting legal materials used in this study is document studies or literature studies obtained from primary and secondary legal materials. The analytical technique used in this study is the deduction syllogism method, which is drawing conclusions using syllogistic logic for legal reasoning derived from legal rules and facts. Based on this research, it was found that there was a compatibility between the termination of prosecution carried out by the Public Prosecutor and Prosecutor's Regulation no. 15 of 2020 concerning the termination of prosecution based on restorative justice. In this case, the suspect NOVYAN PUTRANTO Alias NOVYAN Bin EDY KUSNANTO committed a crime for the first time. The criminal act of persecution committed by the suspect is regulated in article 351 of the Criminal Code with criminal threats regulated in article 1. This case can also be stopped from prosecution based on Article 3 Paragraph 1 of Prosecutor's Regulation no 15 of 2020. The implementation of restorative justice must refer to applicable regulations and the role of the victim who determines the success of the implementation of restorative justice.</em></p><p> <em>K</em><em>eywords: <a href="https://doi.org/10.20961/jv.v11i3.73076">Restorative Justice; Prosecution; Persecution; Application</a></em></p></div>
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Shriver, Donald W. y Peggy L. Shriver. "Law, Religion, and Restorative Justice in New Zealand". Journal of Law and Religion 28, n.º 1 (enero de 2013): 143–77. http://dx.doi.org/10.1017/s0748081400000266.
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A former police chief and a criminologist confirm a famous remark by Margaret Mead when they write: “The initiation of restorative reforms is often based upon the conversion of one key professional in a criminal justice agency.”New Zealand district court judge Fred W.M. McElrea personalized this rule in his account of how he stumbled on a restorative procedure in the case of a young man in Auckland, who was a Maori and son of a bishop, and who confessed to the crime of robbing a woman's purse. She happened to be a Quaker, and she appeared in court as a gesture of friendship for the offender. When the time came for sentencing, McElrea wondered out loud if there were a way for the young man to be monitored, without imprisonment, by some competent person who knew him. At that, Douglas Mansil, local Presbyterian minister, also present in the courtroom, stood and volunteered his services. Mansil had been the longtime “streetwise” pastor of a congregation in that Auckland neighborhood, known for furnishing the courts with more than a few youth offenders. Together with the Quaker victim of the crime, he kept track of the young man and reported regularly to the court. It was the beginning of McElrea's dedication to restorative justice (RJ) for young offenders in New Zealand. He and other judiciary leaders pay tribute to the influence of Howard Zehr's visit to New Zealand (NZ) in 1994 and Zehr's book, Changing Lenses, which McElrea first read during a sabbatical leave at Cambridge University. Zehr's book and his work in the U.S. had great impact on New Zealand legal officials, many of whom, like McElrea, often give him credit for inspiring shifts to RJ in their thinking about law, judicial process, and ethics.
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Adi Putra, Komang Agus Gede y I. Made Wirya Darma. "The Role of Investigators in Handling Hate Speech Cases by Children as Criminal Offenders (Case study of Polda Bali)". JURNAL MERCATORIA 17, n.º 1 (29 de junio de 2024): 32–43. http://dx.doi.org/10.31289/mercatoria.v17i1.10905.
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The rapid progress of our time is evident in various aspects of life, including the realm of technology. This progress can have both positive and negative effects on users, especially children who are more susceptible to influence. There is a concern that when children come across news or false information in the media, they may unknowingly spread it without verifying its accuracy. Furthermore, there is a possibility that they may engage in Hate Speech without realizing that it is against the law. This raises a research question: How effective is the implementation of Restorative Justice at the investigator level through juvenile diversion in cases involving criminal Hate Speech? To answer this question, the research follows an empirical method and adopts a case-based approach with supporting facts. The research location for the study is the Bali Regional Police (Polda Bali). The research object focuses on hate speech cases involving child suspects and the effectiveness of Restorative Justice through diversion at the investigator level. Data is collected through interviews and documentary studies. In addressing the research problem, the author focuses on the theory of legal effectiveness, which emphasizes prevention rather than punishment by investigators. Investigators base their actions on Article 1 Paragraph 6 and 7 of Law Number 11 of 2012, which prioritizes Restorative Justice and diversion in handling juvenile cases. The use of Restorative Justice and diversion plays a crucial role in protecting the rights of children and preventing discrimination.
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Surya, Surya Nita y Rahul Ardian Fikri Fikri. "NON LITIGATION AS A SETTLEMENT IN THE JUSTICE MODEL OF HANDLING CHILDREN AS VICTIMS". DE'RECHTSSTAAT 9, n.º 2 (26 de septiembre de 2023): 61–70. http://dx.doi.org/10.30997/jhd.v9i2.6792.
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Justice of the peace is a peaceful effort or solving criminal cases outside the court used by law enforcement to realize the purpose of law for victims and accused of criminal acts. Justice of the peace is not regulated in the Criminal Procedure Code, but this rule has been regulated in the police, the prosecutor's office and the juvenile criminal justice system. Need to do a first analysis of how the legal basis of Justice of the peace by law enforcement in an effort to provide a sense of justice for victims in the Criminal Procedure Law system in Indonesia?. Second, How does justice of the peace as an effort to provide a sense of justice for victims of child abuse case study in Medan Polrestabes?. The research method is normative juridical by analyzing the rule of law related to restorative justice and case studies of child abuse in Medan Polrestabes. That the regulated Justice of the peace has fulfilled the legal purpose and legal basis of restorative justice in the police with “Perpol No. 8 of 2021 in the settlement of criminal cases in the handling of investigations, the Indonesian prosecutor's regulation in the termination of prosecutions, the Supreme Court issued rules in terms of guidance on using non-litigation settlement from the investigation stage, prosecution to the trial process. That analyze restorative justice case study of child abuse in Medan Polrestabes the peace process is an agreement taken for the benefit of the victim, not the interests of the perpetrator in order to meet the legal objectives of certainty, justice and benefit for the victim.
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Prasetyo, Elang, Taufik Makarao y Fauziah Fauziah. "APPLICATION OF RESTORATIVE JUSTICE TO DRUGS CASES OF POTENT DRUG LIST G CLASS 2". Jurnal Hukum Jurisdictie 5, n.º 1 (7 de julio de 2023): 117–34. http://dx.doi.org/10.34005/jhj.v5i1.107.
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The concept of Restorative Justice has actually been around for quite some time, more than twenty years ago as an alternative settlement of criminal cases, especially children, with various considerations. As stated by John Braithwaite that, Restorative Justice is a new direction between "justice" and "walfare model", then between "retribution" and "rehabilitation". Restorative justice is a settlement process that is carried out outside the criminal justice system by involving victims, perpetrators, victims' families and perpetrators' families, the community and parties with an interest in a criminal act that occurred to reach an agreement and settlement. The problem of hard drugs is a serious problem in the world of health. People who do not know become victims. Even though it is not certain that the drug being abused is correct and the composition is correct. Obviously this is very dangerous for patients or users of certain brands of drugs, especially hard drugs (list G drugs) which contain active ingredients, can cause dependence, because other than drugs if used improperly or without a doctor's prescription, on the contrary, they will become toxic to the human body and endanger health. . The formulation of the problem is as follows: (1) How is the urgency of justice in the implementation of Restorative Justice in cases of hard drugs listed G Group 2? (2) How effective is the implementation of the implementation of the application of Restorative Justice in cases of hard drugs listed G Group 2? The research method used is normative juridical with data collection techniques using library research and document studies and data analysis techniques using normative analysis methods. The results of the study show that: (1) The Restorative Justice approach can help to reduce the abuse of hard drugs listed G Group 2 in a more effective way, through recovery of perpetrators and their return to society. In this case, the Restorative Justice approach can also help to build a safer and healthier environment for the community. (2) Based on existing research, it can be concluded that regulations have good effectiveness in implementing restorative justice in drug cases belonging to group G. The restorative justice approach prioritizes recovery and rehabilitation of offenders, offering opportunities for offenders to improve themselves and return to being a good member of society. contribute. Therefore, restorative justice arrangements for drug cases belonging to group G not only provide a deterrent effect for perpetrators, but also provide opportunities for self-improvement and reintegration into society as activists.
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Ariani, Retno. "Application of Restorative Justice in Domestic Violence by Women's and Children Units of Barelang Resort Police". Airlangga Development Journal 4, n.º 2 (9 de noviembre de 2020): 135. http://dx.doi.org/10.20473/adj.v4i2.23105.
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Domestic violence is any act against a person especially a woman, resulting misery or physical, sexual, psychological and child neglect or suffering. Domestic violence is a hidden crime because there are many victims, but few report incidents. The punishment for the perpetrators must be considered by the principle of expediency and justice. If the concept of restorative justice is done correctly, it can create justice and balance between the perpetrators of crime and the victims. The research method used in this paper is normative legal research, literature studies and case studies. The application of the concept of restorative justice carried out by women's and children protection units of the Barelang Resort Police is making collaboration with CJS and related agencies such as social services in handling cases of violence. The result is that the handling of domestic violence cases in the Barelang Resort Police can be more focused and resolved.
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Gil, Alma. "Enhancing Educational Equality: A Comprehensive Analysis of the Implementation and Impact of Restorative Justice Practices on Mitigating Racial Disparities in School Discipline Within Urban Public Schools in the United States". Law and Economy 2, n.º 12 (diciembre de 2023): 7–15. http://dx.doi.org/10.56397/le.2023.12.02.
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This research explores the implementation and impact of restorative justice practices in addressing racial disparities in school discipline within U.S. urban public schools. The study delves into the challenges, successes, and recommendations for sustainable change in policy and practice. Theoretical frameworks and case studies are employed to analyze the influence of restorative justice on school climate, student well-being, and academic outcomes. Identified challenges include resource limitations, resistance to change, inadequate training models, and time constraints. Recommendations encompass policy adjustments, professional development initiatives, continuous evaluation, community partnerships, integration with mental health support, and addressing cultural sensitivity.
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Danaher Jr., William J. "MUSIC THAT WILL BRING BACK THE DEAD? Resurrection, Reconciliation, and Restorative Justice in Post-Apartheid South Africa". Journal of Religious Ethics 38, n.º 1 (27 de enero de 2010): 115–41. http://dx.doi.org/10.1111/j.1467-9795.2009.00397.x.
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Lucchesi, Annita. "-hóhta’hané: Mapping Genocide & Restorative Justice in Native America". Proceedings of the ICA 1 (16 de mayo de 2018): 1–7. http://dx.doi.org/10.5194/ica-proc-1-71-2018.
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This thesis explores critical decolonial cartography as a possible language for communicating and better understanding complex, intergenerational experiences of genocide and colonialism among Native American peoples. Utilizing a self-reflexive methodology, this work makes interventions in Native American and indigenous studies, comparative genocide studies, historiography, and geography to argue for more expansive languages with which to grapple with Native experiences of genocide. In so doing, this paper also asserts the need for indigenous narrative self-determination, development of decolonial epistemologies and praxes on genocide, and languages for violence that are specifically designed to facilitate dialogue on healing. For that reason, this work not only positions cartography and maps as a particularly useful language for understanding indigenous experiences of genocide, but documents the development of this language, with the intent of supporting and guiding others in creating alternative languages that best fit their nation, community, family, and selves. Finally, the larger aim of this work is to make the case for languages on genocide that heal, rather than re-traumatize, and give a more holistic understanding of the ways in which genocide ‘takes place’ spatially and temporally, with the hope of creating a larger, more inclusive, less violent space for imagining and crafting restorative justice.
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Thornton, Jessica. "Non-custodial sentences in the Northern Areas: Female offenders’ experience". Technium Social Sciences Journal 31 (9 de mayo de 2022): 798–809. http://dx.doi.org/10.47577/tssj.v31i1.6485.
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While studies on female offenders in South Africa are valuable, very few have provided an understanding of women serving alternative sentences. This is critical in South Africa considering its slow administration of justice and the use of ‘alternative’ sentencing could possibly relieve the conditions in correctional centres. Since alternative sentencing is less retributive than incarceration, they are assumed to be more restorative in reforming and reintegration. However, when the offenders are placed back into the society that promoted the criminal behaviour, it becomes difficult to govern. This ethnographic study explores the lived experiences of five female offenders serving non-custodial sentences in Port Elizabeth’s Northern Areas, a known gang area.
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Ally, Nurina, Robyn Beere y Kelley Moult. "Red flags: Disciplinary practices and ‘school-to-prison’ pathways in South Africa". South African Crime Quarterly, n.º 70 (3 de noviembre de 2021): 23–33. http://dx.doi.org/10.17159/2413-3108/2021/i70a11092.
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Testing positive for drug use at school turned into a horror story for four learners, who were channelled into the criminal justice system by their school and detained for months under ‘compulsory residence orders’ at child and youth care facilities. This occurred even though the referral of children to the criminal justice system following a school-administered drug test is explicitly prohibited by legislation. S v L M & Others draws startling attention to the failure of school officials, prosecutors and magistrates to comply with legislation, and the devastating impacts that a direct ‘school-to-prison’ pipeline can have on children. The case also raises red flags around broader punitive and exclusionary school disciplinary mechanisms, which – even where lawful – may also adversely affect children and potentially contribute to school-to-prison pathways in South Africa. We argue that S v L M highlights the need for restorative and preventative approaches to school discipline, which can transform not only learners and schools but society more broadly.
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Gavrielides, Theo. "Restorative practices and hate crime: Opening up the debate". Temida 14, n.º 4 (2011): 7–20. http://dx.doi.org/10.2298/tem1104007g.
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Despite recent academic and policy interest worldwide, the concepts of restorative justice and hate crime are relatively new, and the full extent of their implications unknown. This paper aims to encourage further dialogue that will allow a more in-depth understanding of both notions. A review of international case studies was attempted by looking at examples where restorative approaches were successfully applied to address hate incidents. Further research and evaluation is warranted in this grey area before further policies and legislation are reviewed.
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Connolly, M. T., Page Ulrey, Patricia Kimball, Geoff Rogers, Stuart Lewis y David Burnes. "USING RISE IN CASES DIVERTING DEFENDANTS IN ELDER ABUSE SCENARIOS OUT OF THE CRIMINAL SYSTEM AND INTO TREATMENT". Innovation in Aging 7, Supplement_1 (1 de diciembre de 2023): 347–48. http://dx.doi.org/10.1093/geroni/igad104.1157.
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Abstract Criminal justice system interventions are a common response to elder abuse, neglect and exploitation (EA), but there is severely limited understanding of their efficacy in reducing EA or improving the well-being of older adults. A goal attainment scaling feasibility study revealed that APS clients’ goals often included getting help (like substance use or mental health treatment) for someone else, often family members harming them. Some APS and RISE clients reported reluctance to seek help or report harm, fearing that involvement of the criminal justice system might result in them losing control over their lives, losing a caregiver, being forced into a facility, or legal punishment of someone they care about. Given these findings, the RISE team engaged in a lengthy outreach and planning phase with state and local prosecutors, elder victim service providers, restorative justice experts, and researchers, to design a novel intervention, using RISE in conjunction with drug court, to divert cases involving substance using defendants alleged to have mistreated an older person. This session will describe the extensive planning and design process and provide a case study analysis, which suggests that a combination of drug court’s in-patient treatment for the defendant, services for the victim, and RISE’s focus on restorative justice approaches that repair breached relationships reduced harm and benefited the older person, the defendant, and their families. Implementation of RISE in partnership with the criminal justice system carries important implications for the integration of restorative justice practices in some EA cases.
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Ustadi, Ahmad Ali, Amin Purnawan y Siti Ummu Adillah. "An Implementation of Restorative Justice in Handling Cases of the Beatings Crime". Law Development Journal 4, n.º 1 (13 de mayo de 2022): 162. http://dx.doi.org/10.30659/ldj.4.1.162-169.
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The purpose of this research is to find out and analyze the implementation of restorative justice in handling cases of beatings. To find out and analyze the obstacles that arise in the implementation of restorative justice in handling cases of criminal acts of beatings and their solutions. The method used was a juridical empirical legal approach and the specifications in this study were descriptive analytical. The sources and types of data in this study were secondary data obtained from library studies. The data were analyzed qualitatively. Based on the results of the research that the Implementation of Restorative Justice in Handling Cases of the Crime of Beating is repairing social damage caused by perpetrators, developing remedies for victims and the community, and returning perpetrators to society. This effort requires the cooperation of all parties and law enforcement officials. Obstacles that arise: Lack of community or environmental participation in finding a solution to a case so that they immediately report it to the police; The case handled by the police has been sent SPDP (Notice of Commencement of Investigation) to the District Attorney. The existence of a third party interest in resolving a case at the investigation level, Efforts to overcome Emerging Constraints: Entering cases that have been resolved by the community into the media with twisted words or asking the police leadership (Kapolda, Kapolres) either through the media as well as letters or communication tools.
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Chankova, Dobrinka. "Restorative justice as a new response to crime - the modern vision and Bulgarian dreamers and opponents". Balkanistic Forum 30, n.º 3 (5 de octubre de 2021): 344–54. http://dx.doi.org/10.37708/bf.swu.v30i3.20.
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The concept of restorative justice as a type of alternative justice that focuses on the recovery of harm from crime, the victim, the perpetrator and the status quo in general, rather than on repression, is no longer new. It has long had its international legal basis – acts of the UN, EU, Council of Europe and others. Its main tools – victim-offender mediation, family conferences, problem-solving circles and more, are already established and widely used in most European countries and America, Asia, Australia, and Africa. Although marked in some strategic documents in our country recently, restorative justice is not a legal fact yet. However, in the global criminal crisis, deficits of the criminal justice system's functioning could be successfully, if not completely eliminated, then at least mitigated through its mechanisms. Individual scientists and representatives of non-governmental organizations have not only dreamed since the beginning of this century but are working hard to introduce its models. Politicians and decision-makers and part of the legal community show stubborn rigidity and resistance, refusing to put this issue on the current agenda of society, under various pretexts, but primarily defending their "preserved interests and monopoly" in criminal justice. At the same time, the crisis with the COVID-19 pandemic raises the issue again with particular urgency. That is why it is high time to abandon the unproductive "penal populism", to revitalize the debate for the mentioned novelty and achieve synchronicity between visionaries, dreamers, practitioners and users.
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Lodberg, Peter. "Når verden skriver teologiens dagsorden – Sydafrika og Palæstina". Dansk Teologisk Tidsskrift 80, n.º 2-3 (16 de septiembre de 2017): 222–35. http://dx.doi.org/10.7146/dtt.v80i2-3.106357.
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Vatican II represented a fresh start for studies in missiology and ecumenical theology. Especially its call to contextualize and rethink old theological dogmas was well received in many churches in Latin America and Africa that were involved in a process of liberation from old colonial structures. In South Africa the church struggle resulted in the formulation of the Kairos document in 1985. It has since inspired theologians in Palestine/Israel to formulate a Palestinian Kairos document in 2009. In both documents the concepts of reconciliation and restorative justice are used to express interrelated realities. A group of international theologians marked the 500 year of the Reformation by publishing a declaration in January 2017 in Wittenberg, Germany, in line with the two Kairos documents. This shows that in missiology and ecumenical theology new theological inspiration is now coming from the Global South, thereby challenging the Western churches to take a stand in the on-going conflict in Palestine/Israel.
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Kholidazia El HF. y Muhammad Zainal. "Penerapan Restorative Justice Dalam Penyelesaian Perkara Pidana Oleh Lembaga Penegak Hukum Di Indonesia". Justness : Jurnal Hukum Politik dan Agama 1, n.º 1 (3 de marzo de 2022): 01–27. http://dx.doi.org/10.61974/justness.v1i1.1.
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The research on "The Application of Restorative Justice in the Settlement of Criminal Cases by Law Enforcement Agencies in Indonesia (Based on a Memorandum of Understanding with the Chief Justice of the Supreme Court, Minister of Law and Human Rights, Attorney General and Chief of Police in 2012)" aims to: 1) to know and understand decisions about the types of criminal acts that can be applied by Restorative Justice in the Memorandum of Understanding with the Chief Justice of the Supreme Court, the Minister of Law and Human Rights, the Attorney General and the Chief of Police in 2012; 2) to analyze the application of Restorative Justice carried out by Law Enforcement Agencies in Indonesia based on the Memorandum of Understanding with the Chief Justice of the Supreme Court, the Minister of Law and Human Rights, the Attorney General and the Chief of Police in 2012. This research uses normative legal research or library law research or also called literary studies with a statutory approach where it is necessary to understand the hierarchy and principles in statutory regulations. Based on the results of the study, broadly speaking, the results of this study can be concluded as follows:a. Types of Crimes That Can Be Settled Through Restorative Justice 1) The Supreme Court of the Republic of Indonesia in General Courts: Minor crimes, cases of women in conflict with the law, cases of children in conflict with the law and narcotics cases; 2) at the Indonesian Prosecutor's Office: The suspect has committed a crime for the first time, the crime is only threatened with a fine or is threatened with imprisonment of not more than 5 (five) years and the crime is committed with the value of the evidence or the value of the loss caused as a result of the crime. a criminal offense of not more than Rp. 2,500,000 (two million five hundred thousand rupiah); 3) in the Indonesian National Police: all crimes against general crimes that do not cause human victims.b. Application of Restorative Justice 1) in the Supreme Court of the Republic of Indonesia in the General Courts Environment: The application of Restorative Justice is adjusted to the type of criminal case, however, the principle of application is the same, namely by seeking peace and compensation; 2) at the Attorney General's Office of the Republic of Indonesia: by making peace efforts between the suspect and the victim; 3) in the Indonesian National Police: efforts to reconcile and settle disputes between the litigants (the reporting party, and/or the family of the reporting party, the reported party and/or the family of the reported party and representatives of community leaders) with the investigator's superiors knowing. Keyword: Law, Restorative Justice
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Huang, Lanying y Shiang-Fan Chen. "What makes tree poachers give up? A case study of forestry law enforcement in Taiwan". Environmental Conservation 47, n.º 1 (16 de diciembre de 2019): 67–73. http://dx.doi.org/10.1017/s0376892919000377.
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SummaryMany previous studies argue that harsher forestry legislation should be enforced to handle the problem of tree poaching. However, empirical studies on the behavioural analysis of poachers’ decision making is largely lacking. Drawing from conversations with 65 inmates imprisoned for Forestry Act offences in Taiwan, we discuss the reasons behind the intention whether or not to stop tree poaching. The majority (81.5%) of the sample expressed their intention to stop tree poaching. Among the 16 demographic, offence and punishment characteristics, we identified only four variables to be included in the final logistic regression model to predict the decision to stop. We found that (1) having no previous experience of stout camphor tree (Cinnamomum kanehirae) theft, taking a log from a stout camphor tree and selling it to buyers; or (2) higher level of education could predict a greater likelihood of intending to quit. Given the limitation of the existing control approach, we propose a restorative justice approach to the poaching problem. A restorative justice approach, instead of focusing solely on the violation of law, recognizes the harm done and forms collaborative work to repair the harm and prevent future wrongdoings. It also helps break the vicious cycle of a poaching subculture.
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Rochaeti, Nur y Nurul Muthia. "Socio-Legal Study of Community Participation in Restorative Justice of Children in Conflict with the Law in Indonesia". International Journal of Criminology and Sociology 10 (31 de diciembre de 2020): 293–98. http://dx.doi.org/10.6000/1929-4409.2021.10.35.
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The state has the obligation and authority to protect children. This is regulated in Article 28 of the 1945 Constitution of the Republic of Indonesia, that everyone has the right to just recognition, guarantee, protection, and legal certainty as well as equal treatment before the law, namely that the State is obliged to protect every citizen regardless. The problem in this paper is how is the socio-legal study of restorative justice in the Juvenile Criminal Justice System in Indonesia. The method used in this research is a socio-legal research approach. This study found that the customary institution in Padang, West Sumatra is factually recognized in its existence in the customary criminal law of the Dua Puluah Customary Law. Moreover, the results showed that particularly in regulating the provisions of the material criminal law, in the Salapan Law (eight), and the Kanayatn Dayak community. implementing the restorative justice mechanism is resolved by deliberation and is family in nature in a Barukupm Adat forum, which involves all parties, both from functionaries, children of perpetrators and their families, victims and their families as well as witnesses who know the case, and pay attention to the rights of community members within the boundaries the agreed boundaries to be obeyed, based on the values and norms that exist in society. This study offers relevance in the context of non-legal settlement in cases of restorative justice in cases of children in conflict with the law in Indonesia. This study underscores expediency to provide greater space for customary entities to resolve children's cases non-legally and to increase community participation in the resolution of legal cases involving children.
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Atmaja, I. Made Rai Dwi Surya, Anak Agung Sagung Laksmi Dewi y Ni made sukaryati Karma. "Tindak Pidana Bullying yang dilakukan Anak dibawah Umur melalui Keadilan Restorative Justice". Jurnal Interpretasi Hukum 1, n.º 2 (26 de septiembre de 2020): 68–72. http://dx.doi.org/10.22225/juinhum.1.2.2437.68-72.
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Bullying is bullying that often leads to bad deeds that contain crime, but goes unnoticed. Based on this research, the authors raise the formulation of the problem: 1. How is legal protection for child victims of bullying ?, 2. How is the settlement of bullying crime through restorative justice? This type of research is normative law. The approach to this research problem is a statutory approach, a conceptual approach, and a case approach. The research method used is normative legal research, by conducting studies based on legal materials from legal books and is a process of finding legal rules. As for the problem approach in this study, namely the statutory approach (statute approach) and the conceptual approach (conceptual approach) and the case approach (case approach). The results show that the form of legal protection for child victims of criminal acts of bullying is regulated in several laws and regulations, namely, the Criminal Code, Law Number 35 of 2014 concerning Amendments to Law No. 23 of 2002 concerning Child Protection, Law Number 19 of 2016 concerning Amendments to Law Number 11 of 2008 concerning Electronic Information and Transactions. Efforts to resolve criminal acts of bullying through restorative justice using non litigation or settlement of disputes outside the court. The point of settlement of cases on restorative justice is based on the parties to express their opinions to produce an agreement. There are two kinds of crime prevention efforts, namely penal and non-penal efforts. It is hoped that the government, agencies engaged in law enforcement and education as well as the public will make firm efforts against the crime of bullying.
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Macleod, Catriona Ida, Siân Beynon-Jones y Merran Toerien. "Articulating reproductive justice through reparative justice: case studies of abortion in Great Britain and South Africa". Culture, Health & Sexuality 19, n.º 5 (25 de noviembre de 2016): 601–15. http://dx.doi.org/10.1080/13691058.2016.1257738.
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Mahendra, Syauqi, Nahdhah Nahdhah y Adwin Tista. "Mediasi Penal Tindak Pidana Kecelakaan Lalu Lintas Yang Menyebabkan Korban Jiwa Berdasarkan Keadilan Restoratif". Jurnal Penegakan Hukum Indonesia 2, n.º 3 (28 de febrero de 2022): 459–84. http://dx.doi.org/10.51749/jphi.v2i3.51.
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Penal mediation is a means of seeking justice capable of providing a thorough and satisfactory settlement by both parties outside the court. In the case of a traffic accident that causes a fatality, penal mediation is conducted based on restorative justice. The purpose of this study is to find out the position of mediation of traffic accidents that cause fatalities in the Indonesian criminal justice system and to know the concept in the mediation of traffic accidents that cause fatalities based on restorative justice. The method uses in this study is pure legal research. Pure legal research is applied by using literature studies. The results are: First, the position of penal mediation in fatality traffic accidents has no umbrella act. Second, the concept of penal mediation in the traffic accidents that cause fatalities in Article 15 (2) k, Article 16 (1) L and (2), Article 18 (1) and (2) of Act 2/2002 (Police Act) and The National Chief of Police Letter Number Pol: B/322/XII/2009/SDEOPS dated 14/12/2009 is the legal basis for the police in taking discretionary action. But the letter Pol: B/322/XII/2009/SDEOPS also mentioned that penal mediation is only applicable for small losses. It means that in the case of traffic accidents that cause fatalities, the law is not accommodating out-of-court settlements.
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Harefa, Oinike Natalia. "Reconciliation as a Feminist Mission: An Analysis of Reconciliation in Cases of Violence Against Women in Indonesia". Feminist Theology 31, n.º 1 (27 de agosto de 2022): 76–90. http://dx.doi.org/10.1177/09667350221112886.
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Reconciliation often becomes a superficial term when dealing with cases of violence against women. In several cultures in Indonesia, it is common for reconciliation to be reduced to a retributive process. It has not yet developed according to restorative justice based on women victims. To attain justice, the concept of reconciliation based on the Bible, secular law in Indonesia, and traditional customs need to be reconsidered. This article aims to conduct a critical analysis in cases of violence against women and to offer reconciliation from the perspective of a feminist mission where women victims are the basis. Reconciliation as a mission is based on God’s mission, which invites the participation of the Church through its calling in the world where cases of violence are rampant. The research method used is qualitative research, including interviews as case studies.
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Martín, Annabel. "Denaturalizing cruelty: Maixabel Lasa, victim and peacemaker, in Zubiak (Jon Sistiaga and Alfonso Cortés-Cavanillas 2019) and Maixabel (Iciar Bollaín 2021)". International Journal of Iberian Studies 36, n.º 3 (1 de septiembre de 2023): 245–58. http://dx.doi.org/10.1386/ijis_00109_1.
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Within Basque society there exists a special subset of human beings, painful I–You binomials, forever linked through blood, by the lethal terrorist gun. Fortunately, today victims face a much more hospitable society, but it is still a moment rife with contradiction. One part of Basque society finds it difficult to imagine a shared collective memory that will faithfully reflect the excesses committed by Euskadi ta Askatasuna (ETA) and the Spanish state regarding human rights abuses. These misgivings are easily understood when some still debate the humanity of the victims themselves. Another part of Basque (and Spanish) society questions the political intent of restorative practices, of those experiences that bring victims and victimizers together within the framework of restorative justice, a political stance that, like in the first case, highlights the need to humanize the Other in the name of peace. The creative world of the arts, more specifically, the films studied in this article, move in a different direction and beg the question: if the processes of restorative justice are uniquely designed to be experienced in a triangulated scenario – one shared by victim, victimizer, and the dead – what might these conversations offer a society in need of better models of co-existence when put on the screen? Can art mediate?
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Kelbessa, W. "Climate Ethics and Policy in Africa". Thought and Practice 7, n.º 2 (8 de octubre de 2016): 41–84. http://dx.doi.org/10.4314/tp.v7i2.4.
Texto completoResumen
In this article, I use case studies from some African countries to determine whether or not African climate management policies have been guided by ethical principles. I argue that although climate change is fundamentally an ethical issue, African policymakers have not paid sufficient attention to ethical principles in this regard. I argue that the major ethical principles embodied in different African traditions can assist African and non-African countries to address the challenges occasioned by climate change. Finally, I suggest that technological societies whose current emissions most exceed their fair share of emissions ought to give attention to justice, and play their respective roles in averting the most extreme effects of climate change. KeywordsAfrican ethics, climate ethics, climate change, climate policy, inter-generational justice
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Panggabean, Tardip. "Application of the Law of Crashing into Deaths of UI Students is an Ordinary Offense in Relation to Restorative Justice". Journal of Law, Politic and Humanities 3, n.º 2 (30 de marzo de 2023): 282–89. http://dx.doi.org/10.38035/jlph.v3i2.199.
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The aim of research are to know stop the investigation of Ordinary Delicts/Reports at the Police at the request of the perpetrator and the victim. To know form a mechanism to stop investigations into Ordinary Offenses/Reports based on the concept of restorative justice. This research uses normative law research using normative case studies in the form of legal behavior products, for example reviewing laws. The main subject of the study is law which is conceptualized as a norm or rule that applies in society and becomes a reference for everyone's behavior. The finding of research are Polri investigators are aware that there is a weak point in the use of discretion to stop investigations based on the concept of restorative justice, namely the absence of written rules that serve as a legal basis for investigators. The legal basis should be constructed through several laws and regulations and the ability of Polri investigators as public officials to make decisions based on discretion. The current construction of reasoning departs from the Telegram Bareskrim Polri Number: STR/583/VIII/2012 dated 8 August 2012 and several technical instructions from internal Polri institutions.
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O. Oyewole, Oriola. "DELINEATING THE RHETORIC? THE INTERSECTION OF RETRIBUTIVE AND RESTORATIVE JUSTICE IN INTERNATIONAL SENTENCING". PETITA: JURNAL KAJIAN ILMU HUKUM DAN SYARIAH 7, n.º 2 (1 de noviembre de 2022): 99–119. http://dx.doi.org/10.22373/petita.v7i2.145.
Texto completoResumen
A large and growing body of literature has investigated victim participation at the International Criminal Court. Hence, an increasing body of published studies describes victims' role during victim participation and its evolution. However, literature is scarce on managing victims' rights and interests during sentencing and the impact of victims' involvement on sentencing decisions. For example, victims have interests in reparations, justice, truth and sentencing. The knowledge of restorative justice in criminal sentencing is important for an understanding of how victims navigate criminal trials, especially regarding their perceptions of the sentencing. Using a case analysis, this article critically examines the interaction of retributive and restorative justice vis-à-vis victims position during sentence hearings and reviews.
Abstrak: Sejumlah besar literatur telah menyelidiki partisipasi korban di Pengadilan Kriminal Internasional. Oleh karena itu, semakin banyak penelitian yang diterbitkan menggambarkan peran korban selama partisipasi korban dan evolusinya. Namun, literatur tentang pengelolaan hak dan kepentingan korban selama hukuman dan dampak keterlibatan korban pada keputusan hukuman masih terbatas. Misalnya, korban memiliki kepentingan dalam reparasi, keadilan, kebenaran dan hukuman. Pengetahuan tentang keadilan restoratif dalam pemidanaan penting untuk memahami bagaimana korban menjalani persidangan pidana, terutama mengenai persepsi mereka tentang hukuman. Dengan menggunakan analisis kasus, artikel ini secara kritis mengkaji interaksi keadilan retributif dan restoratif vis-à-vis posisi korban selama pemeriksaan dan peninjauan hukuman.
Kata Kunci: Hukuman Internasional, Pemidanaan, Reintegrasi, Korban, Pengurangan Hukuman, Keadilan Restoratif.
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Afifah Suwandi, Chika y Aidul Fitriciada Azhari. "Punishment of Children as Perpetrators of Maltreatment Based on Restorative Justice". Journal of Law, Politic and Humanities 4, n.º 3 (12 de abril de 2024): 247–57. http://dx.doi.org/10.38035/jlph.v4i3.343.
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The purpose of this study is to examine and analyze the application of criminal sanctions against children as perpetrators of restorative justice-based persecution in Semarang District Court Decision Number 5/Pid.Sus/Anak/2018/PN Smg. The method of approach in this writing is normative juridical. The specification of this research uses analytical descriptive. The data source uses secondary data. Data collection techniques using document studies. To analyze the data, researchers used qualitative analysis methods. The judge in deciding the case of maltreatment committed by a child against a child resulting in serious injury with a restorative justice approach in the Semarang District Court Decision Number 5/Pid.Sus/Anak/ 2018/PN Smg which states that the Defendant ARNES POLINUS SILALAHI alias ARPOL BIN J. SILALAHI is legally and convincingly proven guilty of committing the crime of "Participating in violence against children resulting in injury" as regulated and punishable in Article 80 paragraph (2) of Law Number 35 of 2014 concerning Amendments to Law Number 23 of 2002 concerning Child Protection is correct. This is in accordance with the charges of the Public Prosecutor and has been based on the facts in the trial, as well as the evidence submitted by the Public Prosecutor in the form of testimony from witnesses that are in accordance with the results of the Visum Et Repertum. And the defendant is considered physically and mentally healthy so that he is considered capable of taking responsibility for his actions. In addition, the legal considerations of the Judge in imposing punishment against the defendant of the crime of violence against children which resulted in serious injury were also appropriate. The judge sentenced the defendant ARNES POLINUS SILALAHI alias ARPOL BIN J. SILALAHI to 5 (five) months imprisonment. The judge has considered both from a juridical point of view, the facts in the trial, the testimony of witnesses, existing evidence, and based on the conviction of the judge.