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VOL. 5, ISSUE 2 (2023)
Implementation concept of restorative justice by the prosecutor’s for criminal act of violence in household
Authors
Nabila Adelia, Rizanizarli, Yusri
Abstract
Restorative justice is a settlement process outside the criminal
justice system by involving victims, perpetrators, victims' families,
communities, and related parties to reach a mutual agreement. Handling domestic
violence cases using the criminal justice system in practice does not always
work as expected, because the rights of victims are not fulfilled. This study
aims to explain the application of the concept of Restorative Justice by the
prosecutor in solving crimes of domestic violence and to describe the obstacles
in applying the concept of Restorative Justice in the settlement of crimes of
domestic violence. The approach method in this study uses a normative juridical
approach, in which data is obtained based on a literature review by looking at
statutory regulations and other legal materials. The results of the study show
that the application of the concept of Restorative Justice to crimes of
domestic violence committed by the prosecutor's office is an order from the law
through PERJA No. 15 of 2020 concerning the Termination of Prosecution Based on
Restorative Justice. The process of implementing Restorative Justice is carried
out by the prosecutor's office by involving not only the perpetrators but also
victims and other members of the public to take the path of peace through
mediation. The existence of mediation aims to meet the demands of victims to
achieve justice. Obstacles in the implementation of Restorative Justice for
crimes of domestic violence are caused more by victims who do not want to
forgive, because victims who experience domestic violence cases usually have
their trauma, so victims want the perpetrators to be sentenced to prison so
that the trauma does not recur. It is hoped that law enforcement officials in
the implementation of Restorative Justice will have the same perception so that
there will be no differences in exercising discretion. The application of
Restorative Justice should be prioritized in handling cases of sexual violence,
bearing in mind that many perpetrators are the backbone of the family so if you
use the means of the criminal justice system it can have an impact on the
economic factors of the family.
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Pages:43-46
How to cite this article:
Nabila Adelia, Rizanizarli, Yusri "Implementation concept of restorative justice by the prosecutor’s for criminal act of violence in household". International Journal of Law, Policy and Social Review, Vol 5, Issue 2, 2023, Pages 43-46
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