Claim Missing Document
Check
Articles

Found 12 Documents
Search
Journal : International Journal of Educational Review, Law And Social Sciences (IJERLAS)

THE LEGAL IMPLICATIONS OF THE DISSYNCHRONIZATION IN THE REGULATION OF RESTORATIVE JUSTICE WITHIN THE CRIMINAL JUSTICE SYSTEM IN INDONESIA FROM THE PERSPECTIVE OF LEGAL CERTAINTY Dhia Fadlia; Prija Djatmika; Yuliati
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 4 No. 6 (2024): November
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v4i6.2132

Abstract

The regulation of restorative justice within the criminal justice system in Indonesia is currently governed by the respective law enforcement agencies, but it has not been codified in the Indonesian Criminal Procedure Code (KUHAP), which can lead to legal uncertainty. Consequently, there are legal implications arising from the lack of synchronization in the regulation of restorative justice within Indonesia’s criminal justice system, particularly from the perspective of legal certainty. Therefore, this study aims to reconstruct the regulation of restorative justice to ensure legal certainty in the future. This research is a normative-juridical study utilizing both statutory and synchronic approaches. There are fundamental differences concerning the conditions and limitations of criminal acts as regulated by Police Regulation No. 8 of 2021, Prosecutor's Regulation No. 15 of 2020, and Supreme Court Regulation No. 1 of 2024. The existing partial guidelines on restorative justice, particularly regarding the conditions set forth, are inconsistent and cause legal uncertainty in determining which cases may be eligible for restorative justice, especially those under the Police institution, where the criteria are considered overly broad. Thus, the differences in restorative justice regulations among the respective agencies lead to inconsistencies in the conditions and limitations of criminal acts, as well as confusion in the restorative justice process during the investigation and inquiry stages within the Police. There is a need for specific regulation on restorative justice to be incorporated into the Criminal Procedure Code (KUHAP) to avoid inconsistencies and legal uncertainty.
RESTORATIVE JUSTICE APPROACH TO CORPORATE PERPETRATORS OF ENVIRONMENTAL CRIMES BASED ON NATIONAL LEGAL IDEALS Jeremia Sipahutar; Prija Djatmika; Lilik Mulyadi
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 5 No. 2 (2025): March
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v5i2.2695

Abstract

Indonesia is a state based on the rule of law, placing law as one of the instruments for the state to uphold its national ideals and as a means to achieve justice, certainty, and benefit for all members of society. This study examines the application of restorative justice in addressing corporate environmental crimes within Indonesia’s legal framework. Although the National Criminal Code (KUHP Nasional) recognizes both individuals and corporations as legal subjects and acknowledges restorative justice, its implementation in environmental law enforcement remains limited. Law Number 32 of 2009 on Environmental Protection and Management still prioritizes a retributive approach, restricting the use of restorative mechanisms in corporate environmental offenses. Using a normative legal research method, this study analyzes statutory provisions and theoretical frameworks to explore the possibility of integrating restorative justice into corporate liability. The findings highlight the need for legal reforms to align environmental law enforcement with national legal ideals, particularly Pancasila. Incorporating restorative justice in corporate environmental crimes would emphasize remediation, victim compensation, and community involvement, ensuring a balance between legal certainty, justice, and environmental sustainability.