Moral Approach in Restorative Justice Implementation on Criminal Act of Molesting (Case Study on the behalf Perpetrator Kasemi binti Kasemo Semito)

Abstract

Restorative justice is an effort of perceiving peace between the victim and the perpetrator, compared to taking criminal justice. This is a kind of breakthrough, noticing nearly all of the criminal acts which were taken by criminal justice system of Indonesia always ended in imprisonment. One of restorative justice implementations was experienced by Gunung Kidul District Attorney. According to Gunung Kidul No PRINT-704/M.4.13/Eoh.2/08/2020 dated on August 13^rd,2020, a reconciliation based on restorative justice in the case of defendant Kasemi Binti (daughter of) Kasemo Semito who was accused to break over Primary article 251 paragraph (2) Criminal Code, Subsidiary article 351 paragraph (1) Criminal Code, positioned in Gunung Kidul District Attorney. Nevertheless, resolving cases using restorative justice mechanism remains to be controversial. The reason is because law enforcement like a prosecutor, does not possess an adequate legal basis in applying restorative justice in common criminal acts. Accordingly, the author would connect between restorative justice and moral approach to law so tht restorative justice could be worthwhile for community.