The Principle of Legal Monodualism in the Implementation of Restorative Justice at the South Jakarta Metro Police Resort
Abstract
Abstract. Legal events in the form of criminal acts are interpreted as conditions that are not balanced between the rights of the victim and the responsibility of the perpetrator. This conflict is sought for an alternative solution through the principle of Restorative Justice. This article aims to analyze the principle of monodualism in Restorative Justice at the South Jakarta Metro Police. The research method used is normative juridical with a conceptual approach, statutory regulations and case studies. The orientation of the analysis is focused on the theory of Penal Mediation and confirmed based on data on minor criminal cases studied. The results of the study found that the principle of legal monodualism works when law enforcement officers activate the resolution of certain criminal cases, through the perspective of the interests of the victim and the responsibility of the perpetrator. The practice of implementing restorative justice for certain criminal acts at the South Jakarta Metro Police is based on Police Regulation No. 8 of 2021. Proposal, APH to be clearer in formulating the costs of losses for victims.
Keywords: Crimes; Justice; Monodualism; Principle.
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Journals:
Aryani Witasari & Muhammad Sholikul Arif. Implementation of Diversion to Realize Restorative Justice in the Juvenile Criminal Justice System.Unissula Law Journal Vol.35 No.2 (2019)
Iman Faturrahman & Bambang Tri Bawono. Application of Restorative Justice to Solution of Traffic Accidents.Journal of Legal SovereigntyVolume 4 Issue 1, March (2021)
The Legal Protection of Children as Victims in Restorative Justice Based on Justice Value.Journal of Legal Reform, 9 (2). (2022)
Books:
Arief, Barda Nawawi. (2012). Penal Mediation Settlement of Criminal Cases Outside the Court Court. Semarang: Magister Library.
Muhaimin. (2020). Legal Research Methods. Mataram: Mataram University Press.
Bungin, Burhan. (2006). Social Research Methodology: Quantitative and Qualitative Formats.
Regulations:
Handling of Criminal Acts Based on Restorative Justice
Law of the Republic of Indonesia Number 2 of 2002 concerning the Republic of Indonesia Police.
Law of the Republic of Indonesia Number 8 of 1981 concerning the Criminal
Procedure Code Criminal Code
Regulation of the Chief of the Republic of Indonesia National Police Number 14 of 2012 Concerning Criminal Investigation Management
Regulation of the Head of the Security Maintenance Agency of the Republic of Indonesia National Police Number 6 of 2011 concerning Handling of Minor Criminal Offenses (Tipiring)
Regulation of the Republic of Indonesia National Police Number 8 of 2021 Concerning
Internet:
https://humas.polri.go.id/2023/08/18/restorative-justice-polres-jaksel- hentikanmenyidikan-case-pemukulan-aktor-pierre-gruno/
DOI: http://dx.doi.org/10.30659/rlj.4.1.128-141
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