The Implementation of Restorative Justice by the Indonesian Police: An Overview of Legal Philosophy

DOI

10.2991/assehr.k.211102.194How to use a DOI?

Keywords

Restorative Justice; Investigation; Police; Philosophy of law

Abstract

Restorative justice is a new concept of resolving criminal cases in Indonesia. The application of restorative justice should ideally start from the beginning of the criminal justice procedure, namely at the investigation stage (in Indonesian criminal procedure law it is divided into two stages, namely “penyelidikan” and “penyidikan”) by the police. In implementation, the term “discretion” known as one of the manifestations of restorative justice that must be pursued by the Indonesian National Police. This paper discusses the form of implementation of restorative justice by the police, by analyzing it from the perspective of legal philosophy in order to find the ideal concept of restorative justice. The legal research method used is normative research by analyzing data sources in the form of laws and regulations, norms, and doctrines of legal philosophy, as well as various articles or scientific journals related to the topic. Result shows that restorative justice can be done and supported by applying its values, processes, and restorative outcomes. So at the investigation level, it is needed for investigators or the Police to make the maximum effort in achieving those values. The Police are the main point in succeeding the effectiveness of restorative justice in the misdemeanor prosecution. In its application, it must consider the restorative justice that has not been implemented optimally.

Copyright

© 2021 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  - Adinda Putri Jade
AU  - Fahmil Ulum
AU  - Yaris Adhial Fajrin
AU  - Fitria Esfandiari
PY  - 2021
DA  - 2021/11/22
TI  - The Implementation of Restorative Justice by the Indonesian Police: An Overview of Legal Philosophy
BT  - Proceedings of the 2nd International Conference on Law Reform (INCLAR 2021)
PB  - Atlantis Press
SP  - 190
EP  - 194
SN  - 2352-5398
UR  - https://doi.org/10.2991/assehr.k.211102.194
DO  - 10.2991/assehr.k.211102.194
ID  - Jade2021
ER  -