The Settlement of Crimes Out of Court (Restorative Justice)

Abstract

Settlement of cases using the litigation route in practice does not always go according to what is expected and aspired to by the Indonesian people. because the settlement of cases using the litigation route in the traditional criminal justice system currently creates new problems, for example the pattern of punishment that is still retaliatory in nature, causes a buildup of cases, does not pay attention to the rights of victims, is not in accordance with the principles of simple justice, lengthy processes, complicated and expensive, settlements are legal and rigid, do not restore the effects of crime, do not reflect justice for society and so on. even though the law was made in essence to provide justice and benefits for humans which is reflected in the values of Pancasila. Seeing these phenomena, In recent developments, a new concept emerged, namely the concept of restorative justice. The concept or approach of restorative justice is considered to be able to overcome various problems in the traditional criminal justice system as mentioned above. This research will discuss the application of restorative justice in the criminal justice system in Indonesia. This research is a normative legal research that is descriptive analytical. The approach used is the statutory approach, the conceptual approach and the legal principles approach. This research will discuss the application of restorative justice in the criminal justice system in Indonesia. The Supreme Court (MA) as a state institution that exercises judicial power and as the peak of the judiciary should adopt or adopt and apply the approach or concept of restorative justice. In this way it is hoped that the judiciary under it (District Court and High Court) will adopt, adhere to and apply the concept of restorative justice. The adoption and application of the concept of restorative justice should be carried out at various levels or judicial processes (levels of investigation, investigation, prosecution, trial in court) and also carried out by advocates and the Judicial Commission.