Proceedings of the 1st International Conference on Science and Technology in Administration and Management Information, ICSTIAMI 2019, 17-18 July 2019, Jakarta, Indonesia

Research Article

Law Enforcement Through The Restorative Justice Approach Reviewed From The Perspective Of Human Rights

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  • @INPROCEEDINGS{10.4108/eai.17-7-2019.2303500,
        author={Henny Saida Flora},
        title={Law Enforcement Through The Restorative Justice Approach Reviewed From The Perspective Of Human Rights},
        proceedings={Proceedings of the 1st International Conference on Science and Technology in Administration and Management Information, ICSTIAMI 2019, 17-18 July 2019, Jakarta, Indonesia},
        publisher={EAI},
        proceedings_a={ICSTIAMI},
        year={2021},
        month={1},
        keywords={law enforcement restorative justice human right},
        doi={10.4108/eai.17-7-2019.2303500}
    }
    
  • Henny Saida Flora
    Year: 2021
    Law Enforcement Through The Restorative Justice Approach Reviewed From The Perspective Of Human Rights
    ICSTIAMI
    EAI
    DOI: 10.4108/eai.17-7-2019.2303500
Henny Saida Flora1,*
  • 1: Faculty of Law Catholic University of St. Thomas North Sumatra, Indonesia
*Contact email: hennysaida@yahoo.com

Abstract

Law enforcement through restorative justice communities is given the opportunity to handle their own legal problems that are perceived to be fairer and the burden of the state in some cases is reduced. Implementation of restorative justice in the perspective of national legal system can be accepted if implemented based on Pancasila state philosophy, guarantee justice and legal protection against human rights. To ensure that there is a diversity in its implementation, a norm or norm to legitimize that all actions taken in the implementation of restorative justice are not considered illegal. Restorative justice offers the concept of an informal settlement that merely puts forward the formalistic legalistic side but can be done through mediation between perpetrators and victims, reparations, and victim awareness work conferences, in addition the existing criminal justice system is considered no longer able to provide protection against human rights and transparency of the increasingly undesirable public interest and the fact that many societies prefer to settle criminal cases that they experience outside the system through restorative justice.