Proceedings of the 3rd International Conference on Law, Social Science, Economics, and Education, ICLSSEE 2023, 6 May 2023, Salatiga, Central Java, Indonesia

Research Article

Restorative Justice Attorney, Police, and Supreme Court of the Republic of Indonesia

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  • @INPROCEEDINGS{10.4108/eai.6-5-2023.2333506,
        author={Sondang Martha Devina Sanjayani Simanjuntak and Evita Isretno Israhadi and Megawati Barthos},
        title={Restorative Justice Attorney, Police, and Supreme Court of the Republic of Indonesia},
        proceedings={Proceedings of the 3rd International Conference on Law, Social Science, Economics, and Education, ICLSSEE 2023, 6 May 2023, Salatiga, Central Java, Indonesia},
        publisher={EAI},
        proceedings_a={ICLSSEE},
        year={2023},
        month={7},
        keywords={diversion; restorative justice; constitution},
        doi={10.4108/eai.6-5-2023.2333506}
    }
    
  • Sondang Martha Devina Sanjayani Simanjuntak
    Evita Isretno Israhadi
    Megawati Barthos
    Year: 2023
    Restorative Justice Attorney, Police, and Supreme Court of the Republic of Indonesia
    ICLSSEE
    EAI
    DOI: 10.4108/eai.6-5-2023.2333506
Sondang Martha Devina Sanjayani Simanjuntak1,*, Evita Isretno Israhadi1, Megawati Barthos1
  • 1: Universitas Borobudur, Indonesia
*Contact email: dsanjayani@gmail.com

Abstract

Until now, there has been no common perception of Restorative Justice for law enforcement officials, especially the prosecutor's office, the Police, and the Supreme Court of the Republic of Indonesia, in one rule of law, so as investigators and investigators, it is as if each of them can be a judicial body that can decide peace efforts in justice outside the court. In the Police, restorative justice is regulated through State Police Regulation Number 8 of 2021 concerning the Handling of Crimes Based on Restorative Justice. Meanwhile, at the Attorney General's Office, based on Attorney General Regulation Number 15 of 2020 and JAM Pidum Circular Number: 01/E/EJP/02/2022 dated 10 February 2022 concerning Implementation of Termination of Prosecution Based on Restorative Justice. The decision of the Director General of the Supreme Court of the Republic of Indonesia No. 1691/DJU/SK/PS.00/12/2020 concerning the Enforcement of Guidelines for Implementing Restorative Justice. The application of restorative justice is only within the scope of minor criminal cases, children's cases, women's cases in conflict with the law, and narcotics cases. In criminal cases involving minors, such as the latest news regarding the persecution of David Ozora (17 years), the Attorney General's Office stated that Agnes (AG), aged 15, partner of Mario Dandi, who participated in the persecution by the Attorney General's Office, received the right to diversion.