Implementation of Restorative Justice Policy against Perpetrators of Criminal Negligence that Causes Death
Journal Title: International Journal of Social Science And Human Research - Year 2023, Vol 6, Issue 11
Abstract
Requests for termination of prosecution against perpetrators of criminal negligence causing death can be rejected or granted even though they use the same technical guidelines, namely Circular Letter of the Deputy Attorney General for General Crimes Number 01/E/EJP/02/2022. The research focuses on understanding the policy parameters of restorative justice for perpetrators of criminal negligence causing death and the ideal implementation of restorative justice for perpetrators of criminal negligence. This research is a normative juridical research with statutory approach, case approach, and conceptual approach. Restorative Justice Application is granted because the parameters of negligent acts are not purely in the perpetrator but also carried out by the victim himself, while the application is rejected because culpa only comes from the actions of the perpetrator. The ideal implementation of restorative justice policy must lead to efforts to restore the original state, no negative stigma from the community, and oriented to technical efficiency and legal certainty for the parties. Suggestions from the research results are that case termination based on restorative justice requires certainty in technical regulations, for example through the Attorney General's Regulation. The ideal implementation of restorative justice policy must pay attention to: a unified written policy / lex scripta that can be accessed by the public, can be tested, integrative between judicial mechanisms and pay attention to functional differentiation of criminal justice, as well as harmonization of subjects and objects in prosecution.
Authors and Affiliations
Azam Akhmad Akhsya, Slamet Tri Wahyudi
Keywords
Related Articles
- EP ID EP724451
- DOI 10.47191/ijsshr/v6-i11-80
- Views 108
- Downloads 0
Critical Reflections on Hassan Zrizi’s Novel: I shall await you at theThreshold of Hope
This study examines the thematic exploration of social and spatial dynamics in I Shall Await You at the Threshold of Hope by Dr. Hassan Zrizi. The novel presents a decentralized social vision, inspired by the experiences...
Sustainable River Tourist Destination Development in the Perspective of Education, Regulation and Environmental Friendliness
This research intends to evaluate the creation of environmentally beneficial, educational, and regulated tourism attractions along the river. Bogor Regency is one of the tourist settlements overseen by the government to...
The Relationship Between Principal Transformational Leadership and Teacher Professionalism through Discipline and Work Climate of State Elementary School Teachers in Tanjung District
This study aims to analyze the direct and indirect relationship between the principal's transformational leadership, teacher professionalism, discipline, and teacher work climate. This study uses the regression method wi...
Poetic Expression of the Image of “Rind” in Eastern Literature
Oriental poetry is often devoted to romantic, mystical, religious, social, political themes, and is written in extremely beautiful and soul-shaking tones. Persian poet Shamsiddin Muhammad Ḥāfeẓ-e Shīrāzī (1325-1390) is c...
An Analysis of Speech Acts: Request in Daily Conversation
In daily conversation, people frequently communicate implicitly as an issue that is covered in illocutionary acts. Illocutionary acts have five types, they are representative/assertive, directive, commissive, expressive...