Reconstruction of the Regulation of Criminal Responsibility of Perpetrators towards Victims of Criminal Acts Based on Restorative Justice
Abstract
Criminal acts according to the Restorative Justice perspective, are violations against humans and relations between humans. This research’s objectives aim to: 1) examine regulations on criminal liability not yet based on restorative justice; 2) identify weaknesses in current regulations; and 3) propose a reconstruction of criminal liability regulations based on restorative justice principles. The research method uses the positivist paradigm, with a socio-legal research approach method, and a descriptive research type. The type and source of data uses secondary data in the form of primary legal materials, secondary legal materials, and tertiary legal materials. The data collection method uses literature, and qualitative analysis methods. The research results are: 1) The regulation of criminal liability for perpetrators toward victims is not yet based on restorative justice, with court proceedings still aimed at deterrence through imprisonment; 2) Current weaknesses include: in legal substance, the litigation process is long, rigid, costly, and fails to restore the harm or reflect community justice; in legal structure, law enforcement is bound by rigid regulations, with unclear coordination, limited capacity, and weak commitment; in legal culture, positivistic legal views dominate, limiting flexibility and fairness in criminal justice; 3) The study proposes reconstruction of criminal liability regulations based on restorative justice. This includes shifting from a punitive to a restorative approach, focusing on healing and accountability, and updating key regulatory frameworks. Specifically, it involves revising values and norms in the Regulation of the Attorney General of Indonesia No. 15 of 2020 Article 6 on Termination of Prosecution Based on Restorative Justice, and the Regulation of the National Police No. 8 of 2021 Article 1, Point 3 on the Handling of Criminal Acts Based on Restorative Justice, to better integrate restorative principles into law enforcement and prosecution practices.
References
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