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All Journal LEGITIMASI: Jurnal Hukum Pidana dan Politik Hukum Jurnal Pendidikan Usia Dini International Journal of Law Reconstruction Syntax Literate: Jurnal Ilmiah Indonesia Al-Hayat: Journal of Islamic Education Pagaruyuang Law Journal International Journal of Economics, Business and Accounting Research (IJEBAR) El-Usrah: Jurnal Hukum Keluarga Management Studies and Entrepreneurship Journal (MSEJ) Journal of Health Research Science Nautical: Jurnal Ilmiah Multidisiplin Indonesia Legal Protection for the Partnership Agreement Parties Barakuda 45 Focus: Jurnal of Law Tatar Pasundan: Jurnal Diklat Keagamaan Jurnal Penelitian Hukum Indonesia (J-PeHI) SASI International Journal of Social Discussion
Fatin Hamamah, Fatin
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Religion Agriculture, Biological Sciences & Forestry Humanities Computer Science & IT Decision Sciences, Operations Research & Management Dentistry Earth & Planetary Sciences Economics, Econometrics & Finance Education Engineering Environmental Science Health Professions Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Medicine & Pharmacology Nursing Public Health Social Sciences Other

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The Application of Restorative Justice in Domestic and Child Violence Cases in Indonesia and Finland Hamamah, Fatin; Sukardi, Didi; Kulkarni, Shirin
SASI Volume 31 Issue 1, March 2025
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v31i1.2448

Abstract

Introduction: Restorative justice (RJ) is an alternative approach to criminal justice that focuses on victim recovery, offender rehabilitation and community reintegration. In the context of domestic and child violence, this approach offers the potential for more inclusive and sustainable solutions than traditional retributive approaches. However, there is debate about the effectiveness of RJ in cases of violence that have profound psychological and physical impacts on victims. The issue is whether RJ can provide adequate justice without compromising legal protections for victims. This research offers novelty by examining the application of RJ in cases of domestic and child violence in Indonesia and Fnland, where RJ laws and policies are still developing.Purposes of the Research:  The purpose of the study was to identify the challenges and opportunities for the application of RJ in such cases and evaluate the extent to which this approach is able to create restorative justice for victims and perpetrators in Indonesia and Finland.Methods of the Research: The research used qualitative methods with case studies of several domestic and child violence cases resolved through RJ in different regions.Results / Main Findings / Novelty/Originality of the Research: Findings suggest that RJ can be effective in facilitating victim recovery, but its implementation requires strong support structures, including professional counsellors and clear legal protections in Indonesia and Finland. The conclusions of this study confirm that RJ has great potential in resolving domestic violence cases, but its implementation must be done carefully to ensure justice and protection for victims. Consequently, this research encourages policymakers to design a more comprehensive and inclusive RJ framework for domestic violence.
The Government's Responsibility in Providing Compensation and Restitution in the Perspective of the Legal Theory of Dignified Justice Hamamah, Fatin
SASI Volume 29 Issue 4, December 2023
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v29i4.1530

Abstract

Introduction: The principle of legal equality is one of the characteristics of a rule of law state, victims of criminal justice must receive guaranteed legal protection. The position of the victim in the criminal justice system is still neglected because Indonesian criminal law is still oriented towards the interests of the perpetrator (Offer Oriented). Existing compensation and restitution arrangements are not in favor of victims of criminal acts.Purposes of the Research:  The purpose of this research is to analyze compensation and restitution in the perspective of the Legal Theory of Dignified Justice.Methods of the Research: The research method used is a normative approach based on the philosophy of Pancasila.Results of the Research: Compensation and restitution arrangements in positive law are still not synergized well, so it is necessary to make legal policies related to the implementation of restitution for victims of criminal acts based on the values and legal culture of society. In the perspective of the theory of an integrated criminal justice system, the disharmony of legal substance and the asymmetry of the legal structure must be addressed immediately. The government must be held responsible for criminal acts if it is unable to pay restitution to victims of criminal acts. There is a need to improve compensation and restitution arrangements so that they are more pro-victims of crime and in accordance with the values and legal culture of society.
Co-Authors Abd. Rasyid Syamsuri Afif Muamar Ahmad Sholeh Akbar, Sudiono Akhmad Syahri Amiarsa, Panji Aos Aos Apriyanti, Yanti Aryanti, Mira Darwanto Darwanto Eliyawati Eliyawati Eliyawati Eliyawati Erna Erna Erna Erna, Erna Esti Royani, Esti Ferliadi, Agus Salim Firdaus, Wihda Yanuar Hafizd, Jefik Zulfikar Hermanto Hermanto Kulkarni, Shirin Kurniawan, Zuki Masori, Masori Maulana Kamal Nanda Yansih Putri, Nanda Yansih Nasution, Ingka Rafi’ansyah, Danial Rhamadhanti, Lella rohadin, rohadin Sarip Sarip Sasntoso, Imam Siti Nurjanah Sobirov, Babur Soekarno, Dimas Pratama Sukama, Sukama Sukardi, Didi Veithzal Rivai Zainal Wahyu Abdul Jafar Walim, Walim