Open Conference Systems, INTERNATIONAL CONFERENCE ON SOCIAL SCIENCE AND LAW UNESA 2023

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Problem of Regulations of Restorative Justice by Law Enforcement Agencies in Indonesia
Gelar Ali Ahmad, Pudji Astuti, Vita Mahardhika

Last modified: 2023-09-14

Abstract


Abstract. Restorative justice in criminal law is known in Indonesia in the Juvenile Criminal Justice System as diversion. As for adult criminals, it has just been enforced these days. Instead of going to court or engaging in litigation, restorative justice is used to settle criminal matters. The state remains present through its law enforcement agencies as a facilitator and mediator. This restorative justice approach cannot be used to solve all crimes, only crimes with certain requirements in laws and regulations. On the other hand, each law enforcement agency has its own set of regulations regarding the criteria for criminal crimes that can be handled through a restorative justice approach. Through this background the researcher wants to analyze the regulations regarding the requirements for crimes that can be handled using a restorative justice approach which is regulated by the regulations of each law enforcement agency and the legal consequences of different regulations regarding the requirements for Crimes that can be handled through restorative justice approach in each law enforcement agencies.

This type of research is normative legal research, using statutory and conceptual approaches. Both primary and secondary legal sources were utilised in this study's legal research., which are collected through document studies. The collected legal materials were then analyzed qualitatively.

The results of this study later revealed that different regulations in each law enforcement agency resulted in a lack of legal certainty and disharmony of laws and regulations.

Keywords: Criminal Law, restorative justice approach; law ebforcement agencies.