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All Journal Greenation International Journal of Law and Social Sciences
Rachmat Sentika
Sekolah Tinggi Ilmu Kepolisian, Jakarta, Indonesia
Law, Crime, Criminology & Criminal Justice Social Sciences

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The Concept of Peaceful Fines on The Implementation of Restorative Justice in The Development of Criminal Law in Indonesia Alwafi Setyana Mufid; Rachmat Sentika; Joko Setiono
Greenation International Journal of Law and Social Sciences Vol. 3 No. 2 (2025): (GIJLSS) Greenation International Journal of Law and Social Sciences (June - Au
Publisher : Greenation Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/gijlss.v3i2.489

Abstract

There is a conceptual error in the existence of peaceful fines when viewed from the implementation of peaceful fines itself, especially when applied to minor corruption crimes, which basically can be attached to the police institution, so that the fast track of criminal justice can be realised. Therefore, the purpose of the research conducted by researchers in this study is to find the concept of peaceful fines for the incorporation of restorative justice into Indonesia's evolving criminal code. Descriptive analysis is the research specification, and a normative juridical approach is the research methodology. Primary, secondary, and tertiary legal resources are the sources of the data. This research found that there is a social contract attached to state responsibility for the losses suffered by victims. This state responsibility is substantially and fundamentally attached to the state by attaching environmental losses and community losses in addition to state financial losses. Thus, the concept of punishment for corruption offences will be erroneous when only the state finances that are harmed are the focus. This also leads to amicable fines being the focus of punishment for corruption offences which will also be erroneous. The implementation of the concept of restorative justice in the form of peaceful fines places the Police as the implementer considering the ‘vanguard’ of law enforcement in Indonesia. On the other hand, the police also function as a conduit of information or a copy to the prosecutor's office and judges in court, the final result of which is an amicable fine set by the court.
Juridical and Sociological Review of The Handling of The Agus Buntung Case in West Nusa Tenggara I Made Dimas Widyantara; Rachmat Sentika; Joko Setiono
Greenation International Journal of Law and Social Sciences Vol. 3 No. 2 (2025): (GIJLSS) Greenation International Journal of Law and Social Sciences (June - Au
Publisher : Greenation Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/gijlss.v3i2.490

Abstract

The sexual harassment case involving Agus Buntung, a physically disabled individual in Mataram, Nusa Tenggara Barat, presents intricate legal and social dimensions due to the involvement of both a female victim and a perpetrator with disabilities. A legal and sociological analysis of the case's handling, informed by the Law on Sexual Violence Crimes (UU TPKS) and the Law on Persons with Disabilities, underscores the challenges in upholding the principles of justice and non-discrimination. These challenges include ensuring disability accommodation, achieving a balanced treatment of all parties, and navigating the influence of public opinion. This paper argues for a reform of the criminal justice system to be more inclusive and responsive to individual vulnerabilities, thereby bridging the gap between normative and substantive justice for a contextual and humane application of the law.
Co-Authors Alwafi Setyana Mufid I Made Dimas Widyantara Joko Setiono