Application of Restorative Justice in the Settlement of Criminal Cases of Fraud and Embezzlement: Investigation Level

DOI

10.2991/assehr.k.220204.049How to use a DOI?

Keywords

Restorative Justice; Fraud; Embezzlement; Investigation

Abstract

The purpose of restorative justice applied in the settlement of criminal cases is to bring justice back to its rightful place. Both the perpetrator and the victim forgive each other and promise not to sue each other again in the future. The same is true for law enforcement officers, the Indonesian National Police, as the gateway to the start of criminal investigations. By making peace between the perpetrator and the victim through deliberation, it is hoped that, among other things, can reduce the number of prisoners in both the Correctional Institution and the State Detention Center; remove the stigma or stamp of criminality and return the perpetrators of crimes to ordinary people; criminals can realize their mistakes, so they don’t repeat their actions; reduce the workload of the police, prosecutors, correctional institutions, courts, and correctional institutions; save state finances; The perpetrator does not feel a sense of revenge because the perpetrator has been forgiven by the victim, the victim quickly gets compensation, community empowerment in crime prevention, and reintegration of criminals into society. It should be in the implementation of restorative justice or case settlement outside the Criminal Justice System, no longer specifically for minor criminal cases, but also includes cases such as humiliation, persecution, fraud and embezzlement, negligence resulting in injury, unpleasant acts, even theft, and gambling. As for the problems, namely: settlement through restorative justice eliminates criminal acts, or not. Normative legal research is applied in this paper. The results of the study show that: The settlement of criminal cases of fraud and embezzlement through restorative justice does not eliminate criminal acts. It is recommended that the criminal policy for resolving cases must be changed, not retaliating for actions but recovering the losses caused to the litigants.

Copyright

© 2022 The Authors. Published by Atlantis Press SARL.

Open Access

This is an open access article under the CC BY-NC license.

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TY  - CONF
AU  - Ismawansa Ismawansa
AU  - Madiasa Ablisar
AU  - Alvi Syahrin
PY  - 2022
DA  - 2022/02/15
TI  - Application of Restorative Justice in the Settlement of Criminal Cases of Fraud and Embezzlement: Investigation Level
BT  - Proceedings of the Second International Conference on Public Policy, Social Computing and Development (ICOPOSDEV 2021)
PB  - Atlantis Press
SP  - 324
EP  - 332
SN  - 2352-5398
UR  - https://doi.org/10.2991/assehr.k.220204.049
DO  - 10.2991/assehr.k.220204.049
ID  - Ismawansa2022
ER  -