Effectiveness of Conditional Criminal Implementation as an Alternative to Restorative Justice

Abstract

Restorative Justice is a model for resolving criminal cases that prioritizes restoration of victims, perpetrators and society. The main principle of Restorative Justice is the participation of victims and perpetrators, so that there is a guarantee that children or perpetrators will no longer disturb the harmony that has been created in society. The formulation of the problem in this research is (1) What are the Main Principles of Fulfilling Conditional Sentences in Restorative Justice through the Existing Legal Basis in Indonesia (2) What are the Obstacles in Implementing Conditional Sentences as an Alternative to Restorative Justice from a legislative perspective. The method used is descriptive. The results of this research are that there are at least four main principles of restorative justice, each of which will be fulfilled as follows: The principle of providing space for perpetrators and victims to find solutions together; Principles Reaching an agreement to recover victims; Principles of Supervision of Agreement Implementation; Principle of involvement of the state and community in the implementation of recovery for defendants and victims. This obstacle will be discussed normatively or looking at the obstacle from the perspective of statutory regulations, which can be described as follows: The Public Prosecutor is Obligated to Submit Legal Remedies if the Judge Imposes a Conditional Sentence; Absence of Sentencing Guidelines for Judges (Disparity); Supervising Observer Judge Cannot Impose Sanctions; Very limited involvement of Bapas and/or community members