Southeast Asian Journal of Victimology
Vol 1, No 2 (2023)

IMPLEMENTATION OF RESTORATIVE JUSTICE BY JUDGES THROUGH THE IMMOSING OF CONDITIONAL CRIMINAL DECISIONS

Hibrawan, Aryatama (Analis Perkara Peradilan,Pengadilan Agama Mempawah)



Article Info

Publish Date
31 Dec 2023

Abstract

The development of the criminal justice system has brought an approach that previously prioritized retaliation or was called retributive to recovery, which is better known as restorative justice. The retributive approach is considered to be no longer relevant as a solution to resolving criminal cases and is currently considered to cause other problems. In a restorative approach, criminal law aims to restore victims with equal responsibility by the perpetrator. In its development, a recovery-based approach began to be implemented by institutions that are members of the Criminal Justice System including judges through court decisions. A restorative approach through sentencing by a judge can be carried out by imposing a conditional criminal sentence. However, conditional criminal sentences are still very rarely applied, even though through this instrument judges can provide fair decisions that are needed by both victims and perpetrators.

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Journal Info

Abbrev

sajv

Publisher

Subject

Humanities Law, Crime, Criminology & Criminal Justice

Description

Southeast Asian Journal of Victimology adalah jurnal peer-review double-blind yang didedikasikan untuk eksplorasi dan kemajuan viktimologi dalam konteks Asia Tenggara yang beragam dan dinamis. Jurnal kami menyediakan platform bagi akademisi, peneliti, dan praktisi untuk terlibat dalam berbagai aspek ...