Proceedings of the 1st International Workshop on Law, Economics and Governance, IWLEG 2022, 27 July 2022, Semarang, Indonesia

Research Article

Prospects for Settlement of Minor Crimes Through Village Judiciary in Indonesia

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  • @INPROCEEDINGS{10.4108/eai.27-7-2022.2326249,
        author={Muhammad Azil  Maskur and Pujiyono  Pujiyono and Irma  Cahyaningtyas and Anis  Widyawati},
        title={Prospects for Settlement of Minor Crimes Through Village Judiciary in Indonesia},
        proceedings={Proceedings of the 1st International Workshop on Law, Economics and Governance, IWLEG 2022, 27 July 2022, Semarang, Indonesia},
        publisher={EAI},
        proceedings_a={IWLEG},
        year={2023},
        month={1},
        keywords={village court minor case crime},
        doi={10.4108/eai.27-7-2022.2326249}
    }
    
  • Muhammad Azil Maskur
    Pujiyono Pujiyono
    Irma Cahyaningtyas
    Anis Widyawati
    Year: 2023
    Prospects for Settlement of Minor Crimes Through Village Judiciary in Indonesia
    IWLEG
    EAI
    DOI: 10.4108/eai.27-7-2022.2326249
Muhammad Azil Maskur1,*, Pujiyono Pujiyono1, Irma Cahyaningtyas1, Anis Widyawati2
  • 1: Universitas Diponegoro
  • 2: Universitas Negeri Semarang
*Contact email: azilmskur85@mail.unnes.ac.id

Abstract

Prison inmate in Central Java as of March 2021 reached 11,278 people scattered across 46 prisons and detention centres. This data shows that prison sentences are indeed the prima donna. According to numerous studies, prison sentences do not solve problems comprehensively and do not recover victims of crimes. Making prison sentences as prima donna does not reflect the goals of modern criminal law as well which focuses on a mixed theory of retributive and utilitarian which emphasizes on improving the perpetrators of crimes, protecting victims and restoring the rights of victims. Therefore, it is necessary to search for other judiciary formats in reducing imprisonment in order to achieve the purpose of punishment, one of the formats is the concept of village justice. It is a kind of community conciliation court at the lowest level of government and directly touches the community. The purposes of this study are (1) to analyse the juridical basis for the existence of village courts in Indonesia, and (2) to observe the prospect of resolving minor criminal cases through village judiciary in Central Java Province. The research method used is qualitative with an empirically juridical approach.