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All Journal Jurnal Rechten : Riset Hukum dan Hak Asasi Manusia
Putri, Novalinda Nadya
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Law, Crime, Criminology & Criminal Justice

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Legal Policy On The Implementation Of Restorative Justice Principle In The Criminal Justice System Pursuant To Supreme Court Regulation Number 1 Of 2024 Putri, Novalinda Nadya; Hasbaj, Muhammad Enaldo
Jurnal Rechten : Riset Hukum dan Hak Asasi Manusia Vol 6 No 1 (2024): Hukum dan Hak Asasi Manusia
Publisher : Program Studi Hukum Universitas Nusa Putra

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52005/rechten.v6i1.143

Abstract

The application of restorative justice within the criminal justice system cannot be disentangled from the dynamics of legal policy. In the context of restorative justice, the legal policy efforts to establish a more humane justice system, alleviate the burden on correctional facilities, and enhance the focus on victim rehabilitation. A pivotal development in the legal policy surrounding restorative justice in Indonesia is the issuance of Supreme Court Regulation (PERMA) Number 1 of 2024 pertaining to Guidelines for Adjudicating Criminal Cases Based on Restorative Justice. The research method employed in this study is normative juridical. The objective of this research is to understand the application of restorative justice principles within the criminal justice system prior to the enactment of PERMA 1/2024, identify the challenges faced, and examine the legal policy and the urgency of implementing restorative justice principles based on PERMA 1/2024. The application of restorative justice in Indonesia's criminal justice system, prior to PERMA 1/2024, had undergone various phases and encountered numerous challenges. Although it lacked the robust legal foundation now provided by PERMA 1/ 2024, several programs and initiatives had demonstrated success in applying restorative justice principles. These guidelines furnish a clear and structured framework for the implementation of restorative justice, emphasizing victim rehabilitation, offender liability, and the restoration of social relationships, rather than solely focusing on retribution.
Co-Authors Hasbaj, Muhammad Enaldo