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All Journal Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora (JURRISH) Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia
Mo’amer Kohsad
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Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

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Penyelesaian Perkara Tindak Pidana Kekerasan dalam Rumah Tangga berdasarkan Konsep Restorative Justice (Studi Putusan Pengadilan) Mo’amer Kohsad; Ayu Izza Elvany
Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia Vol. 2 No. 4 JULI 2024
Publisher : Fakultas Hukum Universitas Islam Indonesia

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Abstract

Restorative Justice is an approach that focuses on the need to improve the relation between the perpetrator, the community and the victims affected by the conflict, as well as the position of the parties who seem to be marginalized by the current criminal justice system mechanism. In Indonesia, Restorative Justice has been implemented, yet in several court decisions, the defendant still received a prison sentence from the judge. This research aims to analyse the efforts of Restorative Justice in cases of domestic violence did not succeed in the decision and whether the efforts of Restorative Justice were considered by the judge in imposing a sentence on the defendant in a case of domestic violence. This research uses normative legal research, with a statutory approach and a case approach. The results of this study are first, the failure of Restorative Justice efforts in several court decisions is caused by several factors. Second, Restorative Justice efforts between victim witnesses and defendants are included in mitigating circumstances and have a positive impact on the judge's consideration.
Implementasi Upaya Restorative Justice terhadap Tindak Pidana Pelecehan Seksual Berdasarkan Perpol Nomor 8 Tahun 2021: Studi Kasus Polres Sleman Maliki Sirojudin Agani; Mo’amer Kohsad; Bonifasius Deanka Pramoedya Ekarossa; Irfa’i Fadlullah
Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora Vol. 5 No. 2 (2026): JURRISH: Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora
Publisher : Pusat Riset dan Inovasi Nasional

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/jurrish.v5i2.7634

Abstract

This article examines the handling of sexual harassment offenses within Indonesia’s criminal justice system, which faces complex challenges, particularly when restorative justice (RJ) is used as an alternative mechanism for case resolution. This study analyzes the implementation of RJ in sexual harassment cases at the Sleman Resort Police (Polres Sleman), referring to the Indonesian National Police Regulation No. 8 of 2021 on the Handling of Criminal Acts Based on Restorative Justice. The analysis focuses on how this policy is applied at the operational level and how its practice interacts with the normative provisions set forth in Law No. 12 of 2022 on Sexual Violence Crimes (UU TPKS), which explicitly prohibits non-judicial settlement for several categories of sexual violence. Using a qualitative approach through interviews, observations, and document analysis, the study finds that RJ continues to be applied at Polres Sleman despite its potential conflict with the prohibitions stipulated in the UU TPKS. At the operational level, the legal culture of police officers plays a significant role in encouraging the use of RJ, driven by pragmatic considerations such as efficiency in case resolution, social pressure from the community, and officers’ perceptions of the seriousness of sexual harassment cases. As a result, victims’ rights often fail to become the central focus, even though victimology emphasizes the importance of victim recovery and protection. The study concludes that regulatory harmonization, increased sensitivity of law enforcement officers toward sexual violence issues, and strengthened victim protection mechanisms are essential to ensure that the application of RJ does not undermine substantive justice.
Co-Authors Ayu Izza Elvany Bonifasius Deanka Pramoedya Ekarossa Irfa’i Fadlullah Maliki Sirojudin Agani