ARCHIVES
VOL. 8, ISSUE 1 (2022)
Theoretical and practical problems in the implementation of restorative justice
Authors
Nahrawi, Sulaiman, Dahlan
Abstract
The purpose of this thesis research is to explain the theoretical and practical obstacles in the implementation of restorative justice policies of the attorney general's office in the jurisdiction of Sabang and the Aceh Besar District Attorney's Office. The method used in this research is the juridical-empirical research method, namely research by conducting a comprehensive study by conducting direct observations and interviews at the research location. To complete this research, a literature review was also carried out. Theoretical obstacles in the implementation of restorative justice. First, the obstacle in legal substance is that there is no law-level regulation that regulates restorative justice policies. Second, the obstacles in the legal structure. Third, the obstacles in the legal culture which include in this case the obstacles from the legal culture side are the perpetrators refusing to admit guilt, the victims being reluctant to participate, not reaching an agreement and binding decisions. Furthermore, the obstacles in implementing restorative justice are the first, the distortion of authority between institutions in the practice of implementing restorative justice. Second, there is no special certification for prosecutors as facilitators/mediators in restorative justice efforts. third, the perpetrator of the crime who does not want to admit his guilt and fourth, the victim asks for compensation that is not fair.
Download
Pages:125-133
How to cite this article:
Nahrawi, Sulaiman, Dahlan "Theoretical and practical problems in the implementation of restorative justice ". International Journal of Law, Vol 8, Issue 1, 2022, Pages 125-133
Download Author Certificate
Please enter the email address corresponding to this article submission to download your certificate.