Melayunesia Law
Vol. 7 No. 2 (2023): Melayunesia Law

Restorative justice Approach to Certain Criminal Actions with the Threat of Under Five Years Prison in Functioning Criminal Law as Ultimum Remedium

Windy Rizky Putri (Unknown)
Erdianto Effendi (Unknown)
Zulfikar Jayakusuma (Unknown)



Article Info

Publish Date
31 Dec 2023

Abstract

The purpose of this research is to find out the concept of criminal law renewal to place restorative justice as ultimum remedium in certain crimes with a prison sentence of under five years. This type of normative legal research with the type of legal synchronization. Collecting data on normative legal research uses data collection techniques from a literature study. In drawing conclusions the author uses the deductive thinking method, namely a way of thinking that draws conclusions from a general statement or argument into a specific statement. the results of research and discussion can be concluded. First; The restorative justice approach to criminal acts with the threat of imprisonment for under five years finds its footing in the basic philosophy of Pancasila, namely in accordance with the 4th precept of Pancasila "Deliberation to reach consensus". Currently, restorative justice has been regulated in various regulations/policies. The contents of this internal policy show that there is no uniformity in understanding and boundaries of criminal acts that can be resolved through restorative justice and does not create an Integrated Criminal Justice System. and the imposition of criminal sanctions on perpetrators.

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Journal Info

Abbrev

ML

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Melayunesia Law Journal is a peer-reviewed journal which is published by Magister Ilmu Hukum Fakultas Hukum Universitas Riau (UNRI). The aim of Melayunesia Law Journal published is to reveal the living law in the midst of society over time and peace. We publish original research papers, review ...