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indra gunawan purba
Universitas Al-Azhar, Medan, Indonesia
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Journal : Jurnal Akta

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Implementation of Restorative Justice in Settlement of Criminal Actions in the Criminal System in Indonesia Syarifuddin, Syarifuddin; Purba, Indra Gunawan; Putra, Panca Sarjana
JURNAL AKTA Vol 11, No 1 (2024): March 2024
Publisher : Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/akta.v11i1.34516

Abstract

Resolving several years of criminal offenses using a "restorative justice" mechanism has been hotly discussed recently. Restorative justice or restorative justice is the process of resolving criminal acts. This criminal problem resolution model involves all parties to find justice and restore the situation between the perpetrator and the victim. One of the functions of law is as "a tool of dispute settlement", various disputes can occur in society. As for the ways of resolving disputes in a society, some are resolved through formal institutions called courts. Resolving criminal acts through restorative justice is carried out from the level of investigation and investigation at the police to the prosecutor's office. These two law enforcement agencies have regulated the process and procedures for resolving criminal acts through restorative justice mechanisms. So it is hoped that this settlement model can reduce the number of cases handled by the courts, as well as reduce the burden of state costs for resolving criminal acts. Restorative justice is regulated in the Republic of Indonesia State Police Regulation Number 8 of 2021 concerning Handling of Criminal Acts Based on Restorative Justice and Article 1 number 1 of the Republic of Indonesia Prosecutor's Regulation Number 15 of 2020 concerning Termination of Prosecution Based on Restorative Justice. In these two regulations, the resolution of criminal cases by prioritizing restorative justice emphasizes restoration to its original state and a balance of protection and interests of victims and perpetrators of criminal acts that is not oriented towards retribution. This is an effort to reform the criminal justice system in order to realize the goals of just law. There are several criminal justice system models in the world, Control Criminal Model, Doe process of law Model and Family model, of course this justice system will be able to determine what resolution is appropriate to the criminal justice system, which is closer to restorative justice is the family model, a family approach resolving criminal cases by deliberation and consensus as intended by the fourth principle of Pancasila. A justice system with a family model involving all parties accommodates the interests of all parties, so that the original situation is restored after the case between the perpetrator and the victim. Basically, the model for resolving criminal cases outside of court, which carries the spirit of restorative justice, began to be implemented in the mid-1970s. One model for resolving criminal cases outside of court based on restorative justice is the Victim Offenders Mediation (VOM) program. The VOM program was first implemented in 1970 in North America and Europe such as Norway and Finland. VOM is a process that provides the victim's willingness as the subject of crime and violence to meet with the perpetrator, in a safe and orderly atmosphere with the aim of making the perpetrator directly responsible in the form of compensation to the victim.
The Philosophy of "Habonaron Do Bona" as Anti-Corruption Conduct in the Simalungun Tribe Society Purba, Indra Gunawan
JURNAL AKTA Vol 10, No 4 (2023): December 2023
Publisher : Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/akta.v10i4.33870

Abstract

Corruption is an extraordinary crime, so this crime is already an enemy of all countries. Many countries later ratified the United Nations Convention Against Corruption (UNCAC). Indonesia is one of them through Law Number 7 of 2006. Corrupt behavior later made it more difficult to eradicate corruption. Corrupt behavior exists in each individual person. It may not be realized that the behavior seems to be normal and eventually it is considered normal and, unfortunately, it is then considered correct. Even though culture or religion never teaches things that make one's actions despicable. Habonaron Do Bona is the philosophy of life of the Simalungun tribe, one of the ethnic groups of thousands of ethnic groups in Indonesia. The Simalungun tribe holds firmly and instills this philosophy into the community so that every person who has a Simalungun ethnicity is embedded in the philosophy of Habonaron Do Bona in his heart, whether consciously or unconsciously this philosophy becomes the life guide for people who are Simalungun in living their lives and lives. This philosophy later became the jargon of Simalungun Regency, one of the districts in the North Sumatra Province of Indonesia, where the Simalungun tribe lives and originates. Habonaron Do Bona is a philosophy that is defined as "truth is the basis of everything" which means that the philosophy of Habonaron Do Bona is anti-untrue teachings, which if it is associated with corrupt behavior, the philosophy of Habonaron Do Bona is anti-corruption teachings that have been passed down by the ancestors of the Simalungun tribe which is interesting to research. Of course, this research will discuss how the philosophy of "Habonaron Do Bona" as a form of anti-corruption behavior held by the Simalungun tribe community has been inherited by the predecessors of the Simalungun tribe.
Co-Authors Ahmed, Sahra Farah Amalia, Apri Anastasya, Arien Anjani Sipahutar Annisa Putri Atmaja Sinulingga, Ori Azzahwa Hasibuan, Salra Divka Bahadur Khan, Tengku Raja Muhammad Bahulan Idodi Pratama Panjaitan Banjarnahor, Hengro Brema Imanuel Ginting Damanik, Muhammad Hanif Al Amin Danial Syah Dewi Ervina Suryani Erikson Napitupulu Farhan, Raditya Harahap, Indah Aulia Kumala, Dea Maulana Prabowo, Andria Muhammad Siddiq, Muhammad Muhammad Zulfadli Nasution Purba, Panca Sarjana Putra, Panca Sarjana Refnizuida, Refnizuida Rohadi Rohadi Sigrit Jenifer Geraldin Situmorang Sipahutar, Ervina Sari Solly Aryza Susilawati, Susilawati Susilawati, Susilawati Maharany Syapri Can Syarifuddin Syarifuddin Syarifuddin, Syarifuddin Maharany Tekad Sitepu Thomas Barus, Salfister Tuahdi, Iwan Warsiman Warsiman Warsito, Kabul Yogi Syahputra, Muhammad