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Analisis Penyelesaian Perkara Melalui Perdamaian Antara Terdakwa Dan Korban Dalam Penyelesaian Perkara Penganiayaan di Pengadilan Negeri Kotabumi (Studi Pada Perkara No.1/Pid.C/2021/Pn.Kbu) Abdurrachman
Journal of Innovative and Creativity Vol. 5 No. 2 (2025)
Publisher : Fakultas Ilmu Pendidikan Universitas Pahlawan Tuanku Tambusai

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31004/joecy.v5i2.2974

Abstract

The study purpose was. The peace settlement made by the Panel of Judges for the victim and the perpetrator somewhat alleviated the heartache experienced by the family and the victim. The resulting mediation stated that the violent act committed by Mahendra Kusuma bin Suherman was an act that was not commendable and caused unrest in the community. The perpetrator was willing to pay compensation intended to cover the victim's medical treatment during the recovery period. The application of restorative justice through peace mediation serves as a catalyst for realizing judicial principles that are straightforward, swift, and cost-effective, while also upholding legal certainty and social justice. Mediation, as a core mechanism within the restorative justice framework, offers a resolution pathway in which the involved parties collaboratively define the sense of justice they seek. This study aims to: 1) Examine the implementation of peace agreements in minor assault cases at the Kotabumi District Court, and 2) Analyze the legal implications for the defendant following reconciliation with the victim, as reflected in the court’s ruling. Materials and methods. The research adopts a normative legal approach, which involves identifying legal norms, principles, and doctrines to resolve legal issues. Results. Findings from the research indicate that the defendant has met the requirements of the restorative peace framework. Conclusions. The penal objective—protecting life—illustrates the practical application of restorative justice in cases involving proven assault, shifting the focus away from punitive measures and toward identifying appropriate legal remedies that restore harmony within the community.
Settlement of Criminal Cases through Peace Agreements from the Perspective of Restorative Justice in Indonesia: Challenges and Legal Implications Abdurrachman
Journal of Innovative and Creativity Vol. 5 No. 3 (2025)
Publisher : Fakultas Ilmu Pendidikan Universitas Pahlawan Tuanku Tambusai

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31004/joecy.v5i3.5960

Abstract

The study purpose was. This study aims to examine the settlement of criminal cases through peace-based mechanisms within the framework of restorative justice, with particular emphasis on the challenges of implementation and the resulting legal implications in the practice of law enforcement in Indonesia. Materials and methods. This research employs a normative legal research method, utilizing statutory and conceptual approaches. The analysis is conducted through a systematic review of primary, secondary, and tertiary legal materials relevant to restorative justice and criminal case resolution. Results. The findings indicate that peace-based settlement mechanisms in criminal cases have gained formal recognition through various policies and regulatory instruments that support the application of restorative justice. Nevertheless, their implementation continues to face several obstacles, including the absence of comprehensive and unified regulation, inconsistencies in application among law enforcement authorities, and the risk of unequal bargaining positions between offenders and victims during the reconciliation process. Conclusions. The study concludes that the settlement of criminal cases through peace agreements has the potential to promote a more recovery-oriented form of justice. However, its effective application requires stronger regulatory frameworks, consistent implementation practices, and adequate oversight mechanisms to ensure alignment with the principles of legal certainty and the protection of human rights.