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VOL. 7, ISSUE 1 (2021)
Procedure policy of the republic Indonesia concerning the termination of prosecutions as an effort to settlement of criminal crimes
Authors
Irvan Surya Hartadi, Widodo Tresno Novianto, Rehnalemken Ginting
Abstract
Settling criminal cases by prioritizing restorative justice which emphasizes restoration to its original state and balancing the protection and interests of victims and perpetrators of criminal acts that are not discussion-oriented, is a legal requirement of society and a mechanism that must be built in the exercise of prosecution authority and system reform The issue of not directly involving victims and perpetrators (in this case being resolved by individuals) in the settlement of criminal cases on the basis of the state's premise through the tools of its power to take over the process of solving cases to prevent the occurrence of "vigilantism" turns out to be on the dissatisfaction of victims and perpetrators with the criminal justice system. This idea is now confronted with the reality of the community's need for a criminal case settlement mechanism which is considered to be more accommodating to the participation and aspirations of victims n and actors. The restorative justice approach, in this case emphasizes the involvement of victims and perpetrators directly, is then present as a response to this problem. The basic issues that arise in terms of this restorative justice approach to be applied are as follows: 1) The law does not clearly regulate the legal power of the peace agreement between the perpetrator and the victim and the authority of each subsystem both inside and outside the criminal justice system for apply a restorative justice approach in the event of a criminal act. 2) The unclear qualifications of criminal acts that can be resolved using a restorative justice approach.
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Pages:125-131
How to cite this article:
Irvan Surya Hartadi, Widodo Tresno Novianto, Rehnalemken Ginting "Procedure policy of the republic Indonesia concerning the termination of prosecutions as an effort to settlement of criminal crimes". International Journal of Law, Vol 7, Issue 1, 2021, Pages 125-131
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