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VOL. 9, ISSUE 4 (2023)
Based on a perspective of restorative justice, law enforcement
Authors
Bayu Sugiri, Juanrico Alfaromona Sumarezs Titahelu, Reimon Supusepa
Abstract
The development of transitional justice values as a reaction to
retributive justice values that have been adopted by the criminal justice
system is still conventional. This shows that there has been a shift in
thinking on the values of justice in line with the situation and development of
the era and that it is therefore more fair and humane. There has been a shift
in perspective in applying the law from retributive justice to restorative
justice. The practice of implementing restorative justice has become a legal
necessity in society globally. In order to implement restorative justice, it is
important to look at the aspect of authority in the legal system as a whole.
This research aims to examine how the termination of prosecution based on
restorative justice, as in Peraturan Jaksa Agung Number 15 of 2020 concerning
the termination of prosecution in restorative justice, can build a balance of
legal objectives, namely legal certainty, justice, and legal benefits. This
research is normative, using a statute approach. The results showed that in a
conceptual approach related to the termination of prosecution based on
restorative justice, as in Peraturan Jaksa Agung Number 15 of 2020 concerning
restorative termination of prosecution, it can build a balance of legal
objectives, namely legal certainty, namely criminal law as an ultimum remedium,
justice, the achievement of an agreement between the victim and the perpetrator,
and legal expediency, namely providing benefits to the perpetrator and victim.
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Pages:20-24
How to cite this article:
Bayu Sugiri, Juanrico Alfaromona Sumarezs Titahelu, Reimon Supusepa "Based on a perspective of restorative justice, law enforcement". International Journal of Law, Vol 9, Issue 4, 2023, Pages 20-24
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