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All Journal FOCUS: Journal of Social Studies
Teguh Pribadi Tjahjana
IBLAM School of Law
Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Membangun Model Penyelesaian Perkara Pidana melalui Keadilan Restoratif oleh Kepolisian Berdasarkan Asas Dualistik Teguh Pribadi Tjahjana; Yusuf M. Said
FOCUS Vol 7 No 1 (2026): FOCUS: Jurnal Kajian Sosial
Publisher : Neolectura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37010/fcs.v7i1.2170

Abstract

The current condition of law enforcement has not fully achieved fair legal certainty, indicating the need to strengthen the restorative justice approach in the development of national criminal law. This study examines the relevance of restorative justice within the framework of Law Number 1 of 2023 on the National Criminal Code, which adopts a dualistic doctrine separating criminal acts (actus reus) from fault (mens rea). The research focuses on the significance of restorative justice in the national criminal justice system and the ideal model of its application in line with the dualistic principle. Using normative legal research with statutory and conceptual approaches, the study finds that litigation-based case settlement often fails to deliver substantive justice. Therefore, restorative justice emerges as a necessary alternative. When applied consistently with the dualistic doctrine, restorative justice allows reconciliation to function as a basis for eliminating fault and criminal liability, thereby supporting the realization of fair legal certainty as a constitutional legal ideal..
Co-Authors Yusuf M. Said