"Building Bridges of Justice: Restorative Justice Reconstruction with The Indonesian Criminal System After Law No. 1 Of 2023"
Keywords:
Regulation, Implementation, Restoration JusticeAbstract
In the context of criminal law reform in Indonesia through the new Criminal Code (KUHP) accommodates and includes the principle of Restorative Justice, where the formulation of types of criminal acts (strafmaat) contains restorative properties. So it is very possible that the concept of Restorative Justice can be used as part of the reform of criminal law in Indonesia in the future. Discussion, ratification, and implementation of the draft Criminal Code in accordance with Indonesian values, considering that the current Criminal Code is no longer suitable for the culture of the Indonesian nation which is based on Customary Law (traditional law) and other values ??of diversity. This research is a normative legal research. In normative legal research, law is conceptualized as what is written in laws and regulations (law in books) or law is associated with conceptualizing it as a rule or norm that is a benchmark for behavior. In normative research, the data sources used are only secondary data, consisting of primary legal materials, secondary legal materials or tertiary legal materials related to Restorative Justice, The results of this study are:The implications of Restorative Justice after the ratification of the RKUHP into the Criminal Code Law from the perspective of just law, namely the substance of Restorative Justice has actually been facilitated in the Criminal Code Law and is spread across various articles. One of these articles is Article 51 of the Criminal Code Law which relates to the purpose of punishment which from the perspective of just and human-dignifying law is relevant to re-educate prisoners and is linear with the divine value that requires the concept of repentance nasuha' where the all-forgiving attitude possessed by God is the basis that even humans who behave badly can change to a better path. In addition, Article 52 of the Criminal Code Law emphasizes that punishment must not degrade human dignity, which means that maintaining human dignity is God's command and people who ignore the dignity of fellow human beings are people who go beyond the limit. Thus, it can be concluded that the substance of restorative justice that has been facilitated in the Criminal Code Law, articles 51, 52, 53, 54 and specifically Article 132, which states that the authority to prosecute is declared null and void if there has been a settlement outside the judicial process, is in fact relevant to the idea and purpose of the law itself.
References
Legislation:
The 1945 Constitution of the Republic of Indonesia
Law Number 1 of 2023 concerning the Criminal Code
Article 310 of the Criminal Code (KUHP)
Article 205 of the Criminal Procedure Code (KUHP)
Regulation of the Supreme Court of the Republic of Indonesia Number 2 of 2012 concerning Adjustment of the Limits of Minor Criminal Offenses and the Amount of Fines in the Criminal Code
Law Number 11 of 2012 concerning the Juvenile Criminal Justice System
Article 1 number (6) of Law Number 11 of 2012. Law Number 11 of 2021 concerning Amendments to Law Number 16 of 2004
Joint Memorandum of Understanding of the Chief Justice of the Supreme Court, Minister of Law and Human Rights, Attorney General, Chief of the Indonesian National Police Number 131/KMA/SKB/X/2012, Number M.HH-07.HM.03.02 of 2012, Number KEP-06/E/EJP/10/2012, Number B/39/X/2012 dated 17 October 2012
National Police Chief Circular Number: SE/8/VII/2018About the Implementation of Restorative Justice in Criminal Case Resolution
Republic of Indonesia Attorney General's Regulation Number 15 of 2020
On Termination of Prosecution Based on Restorative Justice.
Decree of the Director General of the General Court of the Supreme Court of the Republic of Indonesia Number: 691/DJU/SK/PS.00/12/2020Regarding the Implementation of Guidelines for the Implementation of Restorative Justice.
Regulation of the Republic of Indonesia National Police Number 8 of 2021
About Handling Criminal Offenses Based on Restorative Justice.
Joint Memorandum of Understanding of the Chief Justice of the Supreme Court, Minister of Law and Human Rights, Attorney General, Chief of the Indonesian National Police Number 131/KMA/SKB/X/2012, Number M.HH-07.HM.03.02 of 2012, Number KEP-06/E/EJP/10/2012, Number B/39/X/2012 dated 17 October 2012 concerning the Implementation of the Application of Adjustments to the Limits of Minor Crimes and the Amount of Fines, Fast Examination Procedures and the Application of Restorative Justice
Letter from the Director General of the General Courts Number 301 of 2015 concerning the Settlement of Minor Criminal Offenses
Police Regulation Number 8 of 2021 Concerning Handling of Criminal Acts Based on Restorative Justice
Attorney General Regulation Number 15 of 2020 concerning Termination of Prosecution Based on Restorative Justice
Criminal cases that can be resolved with restorative justice are minor criminal cases as regulated in Articles 364, 373, 379, 384, 407 and 483 of the Criminal Code (KUHP). In this case, the law given is a maximum of 3 months imprisonment or a fine of Rp 2.5 million.
Books:
A. Asep Saepudin Jahar, Raju Moh Hazmi, "Construction of Legal Justice, Certainty, and Benefits in the Supreme Court Decision Number 46P/HUM/2018," Cita Huk., vol. 9, no. 1, p. 162, 2021.
A. Safa'at, Dynamics of State and Islam in the Development of Law and Politics in Indonesia, 1st ed. Jakarta: Konstitusi Press, 2018.
Abidin Farid, Zainal, Criminal Law I, Second Edition, Sinar Grafika, Jakarta, 2007 Achjani Zulfa, Eva, Restorative Justice, FHUI, Jakarta, 2009.
Burt Galaway and Joe Hudson, Criminal Justice, Restitution and Reconciliation (Criminal Justice) Monsey, NY: Criminal Justice Press, 1990 accessed from websitehttp://www.restorativejustice.orgon July 04, 2021.
?ehuli?, “Perspectives of Legal Culture,” Rev. Sociol., vol. 51, no. 2, pp. 257–282, Aug. 2021, doi: 10.5613/rzs.51.2.4.
Chazawi, Adami, Criminal Law Lessons Part I, Rajawali Press, Jakarta, 2011,
Christianto, “Norms of Unity as Limitations of Criminal Acts of Spreading Hate Speech via the Internet,” Verit. Justitia, vol. 6, no. 1, pp. 94–126, 2020, doi: 10.25123/vej.3501.
Criminology, 2003.
DE Prasetio, FP Disantara, NH Azzahra, and D. Perwitasari, "The Legal Pluralism Strategy of Sendi Traditional Court in the Era of Modernization Law," Rechtsidee, vol. 8, pp. 1–14, March. 2021, doi: 10.21070/jihr.2021.8.702.
Eddy OS Hiariej, Principles of Criminal Law, Cahaya Atma Pustaka, Yogyakarta, 2019, p 36
Efendi, DO Susanti, and RI Tektona, Doctrinal Law Research. Surabaya: Laksbang Justitia, 2019.
Erdianto Effendi, Indonesian Criminal Law, Refika Aditama, Bandung, 2014,
Eva Achjani Zulfa, Paradigm Shift in Criminal Procedure, Lubuk Agung, Bandung, 2011.
F. Akbar, “Restorative Justice Reform in the Indonesian Criminal Justice System,” Mass. Law., vol. 51, no. 2, p. 200, 2022
G. Widiartana, Victimology: The Perspective of Victims in Combating Crime, Atma Jaya University Yogyakarta, 2013.
Ghunarsa Sujatnika, “The Influence of the God-Based Constitution in the Practice of State Administration (A Comparison Between Indonesia and Various Countries),” Law and Development, vol. 48, no. 4, pp. 1689–1699, 2017, doi: 10.1017/CBO9781107415324.004.
H. Thahir, Ijtihad Maqasidi: Reconstruction of Islamic Law Based on Interconnectivity, 1st ed. Yogyakarta: LKIS, 2015.
H. Widodo and FP Disantara, “Problematics of Legal Certainty of Public Health Emergency During the COVID-19 Pandemic,” J. Suara Huk., vol. 3, no. 1, p. 197, Mar. 2021, doi: 10.26740/jsh.v3n1.p197-226.
Hadi Utomo, Warsito, Police Law in Indonesia, Prestasi Pustaka, Jakarta, 2005.
Hamzah and Siti Rahayu, A Brief Review of the Criminal Justice System in Indonesia, Akademik Pressindo, Jakarta, 1986.
Handbook on Restorative Justice Programme, New York: United Nations, 2006, p 19
Hanum, “Prospects of Restorative Justice in Indonesian Legislation,” Veritas, vol. 7, no. 1, p. 3, 2021.
Hariman Satria, “Restorative Justice: A New Paradigm of Criminal Justice”, Jurnal Media Hukum, Vol. 25, No.1, 2018.
Hobson, A. Twyman-ghoshal, R. Banwell-moore, and DP Ash, “Restorative Justice, Youth Violence, and Policing : A Review of the Evidence,” MDPI, vol. 11, no. 62, pp. 1–20, 2022.
Howard Zehr, Changing Lenses: A New Focus for Crime and Justice, Scottdale, Pennsylvania Waterloo, Ontario; Herald Press, 1990, p. 181. Accessed from websitehttp://www.restorativejustice.org on January 04, 2021
Institute for Criminal Justice Reform, 2022, Opportunities and Challenges of Implementing Restorative Justice in the Criminal Justice System in Indonesia,https://leip.or.id/wp-content/uploads/2022/11/221014-Ebook_Peluang-Penerapan-RJ-dalam-SPP-di Indonesia..pdf
Iqrak Sulhin, Covid-19, Excessive Imprisonment, and the Potential for Humanitarian Catastrophe, Journal of Law & Development Volume 50 No. 2 26 September 2020
Iqrak Sulhin, Covid-19, Excessive Imprisonment, and the Potential for Humanitarian Catastrophe, Journal of Law & Development Volume 50 No. 2 26 September 2020
Ishaq, Introduction to Indonesian Law, 5th ed. Jakarta: Raja Grafindo Persada, 2018.
JS and AVH Annemieke Wolthuis, Jacques Claessen, “Dutch developments: restorative justice in legislation and in practice,” Int. J. Restor. Justice, vol. 2, no. 1, p. 119, 2019.
Jim Consedine, Restorative Justice Healing The effects of Crime, Royal New Zealand Foundation of the Birth, published 2018
Johan Nasution, 2012. Legal Research Methods, Bandumg: Mandar Maju, p. 98.
Johnny Ibrahim, 2014. Theory and Methodology of Normative Legal Research. Bandung: Remaja Rosdakarya.
Julaiddin, Henny Puspita Sari, Legal Policy in the Midst of Handling the Corona Virus Disease (Covid-19) Outbreak. Unnes Lau Review Journal, Volume 2, Issue 4, June 2020
Julaiddin, Henny Puspita Sari, Legal Policy in the Midst of Handling the Corona Virus Disease (Covid-19) Outbreak. Unnes Lau Review Journal, Volume 2, Issue 4, June 2020
Big Indonesian Dictionary, KKBI.
Karyono, Handling and Prevention of the Corona Virus Pandemic (Covid-19) in Indramayu Regency, Journal of Conflict Resolution Collaboration, Vo. 3 No. 2.
Decree of the Director General of the General Court of the Supreme Court of the Republic of Indonesia Number 1691/DJU/SK/PS.00/12/2020 concerning the Implementation of Guidelines for the Implementation of Restorative Justice.
Kurnia, The Role of the Sajad District Police Sector in Handling Covid-19 in 2020, Jurnal Syi'ar, Journal of Communication Science, Counseling and Guidance of Islamic Society Vol. 3 No. 1 January 2023
Makarao, M.Taufik, Legal Review on the Implementation of Restorative Justice in Resolving Criminal Acts Committed by Children, National Legal Aid Agency, Ministry of Law and Human Rights, Jakarta, 2013.
Makkulawuzar, A. Ilmar, AP Moenta, and H. Halim, "The Existence of Final and Binding Ruling by the Constitutional Court in Constitutional Review," Law, Policy Glob., vol. 79, no. 1, pp. 241–247, 2018.
Manan, Bagir. 2006. "Restorative Justice (An Introduction)". Varia Peradilan Law Magazine, Number 247 June 2006, Jakarta; IKAHI.
Marlina, Development of the Concept of Diversion and Restorative Justice, Refika Editama, Bandung, 2009.
Marlina, Restorative Justice: A New Paradigm of Criminal Justice”, Jurnal Media Hukum, Vol. 25, No.1, 2023
Marlina. Juvenile criminal justice in Indonesia: development of the concept of diversion and restorative justice., Refika Aditama Bandung, 2012.
Research Journal:
Atalim, S. “Restorative Justice as an Inherent Critique of Legal-Conventional Courts”. Jurnal Rechts Vinding: Media for National Legal Development. Vol. II, no. 2, 2013, 145. DOI: http://dx.doi.org/10.33331/rechtsvinding.v2i2.155, accessed March 21, 2024.
Chandra, Septa. “Restorative Justice: A Review of Criminal Law Reform in Indonesia”. Jurnal Rechts Vinding: Media for National Legal Development. Vol. II, no. 2, 2023, 264. DOI: http://dx.doi.org/10.33331/rechtsvinding.v2i2.76.
Flora, Henny Saida. “Restorative Justice in the New Criminal Code in Indonesia: A Prophetic Legal Study”. RECHTSIDE: Criminal Law. Vol. X, no. 2, 2022,
Downloads
Published
How to Cite
Issue
Section
License
Copyright (c) 2024 Padlah Riyadi
This work is licensed under a Creative Commons Attribution 4.0 International License.
Authors who publish their manuscripts in this journal agree to the following conditions:
- The copyright on each article belongs to the author(s).
- The author acknowledges that the Greenation Law an Humanities Review (GLHR) has the right to be the first to publish with a Creative Commons Attribution 4.0 International license (Attribution 4.0 International (CC BY 4.0).
- Authors can submit articles separately, arrange for the non-exclusive distribution of manuscripts that have been published in this journal into other versions (e.g., sent to the author's institutional repository, publication into books, etc.), by acknowledging that the manuscript has been published for the first time in the Greenation Law an Humanities Review (GLHR).
