RESTORATIVE JUSTICE HOUSE AS A VEHICLE OF NATIONAL CULTURE ACTUALIZATION IN CRIMINAL CASES SETTLEMENT

Q2 Social Sciences

Russian Law Journal Pub Date : 2023-06-03 DOI:10.52783/rlj.v11i12s.2113

Kuntadi

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Abstract

The Restorative Justice House which is a follow-up to the Republic of Indonesia Prosecutor's Office Regulation Number 15 of 2020 concerning Termination of Prosecution Based on Restorative Justice, where the establishment of this house aims to become a meeting place for victims, perpetrators in resolving criminal cases which also involve traditional leaders, the community and religion in exploring local wisdom values in order to complement the application of positive law in the implementation of termination of prosecution based on Perja Number 15 of 2020. This research is a socio legal research which has descriptive and analytical research characteristics. The urgency of establishing Rumah RJ is to explore local wisdom values contained in the community. Restorative justice is in harmony with the legal values that live in Indonesian society (living law) which is essentially based on the three main goals of life, namely the creation of peace in society, the realization of harmony in life and the maintenance of cosmic balance between people's lives and is an effort to preserve the legal culture of the Indonesian people. which prioritizes deliberation and consensus and the implementation of local wisdom values in resolving cases at Rumah RJ is currently only based on the settlement method, namely by using deliberation to reach consensus, but in this study the prosecution in Toba Samosir and Kajang has accommodated the values and local customary law, so that in this case the law and local wisdom values can be used as a complement in the implementation of positive law enforcement.

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恢复性司法之家：刑事案件解决中民族文化实现的载体

恢复性司法之家是印度尼西亚共和国检察官办公室关于在恢复性司法的基础上终止起诉的2020年第15号条例的后续行动，该之家的成立旨在成为受害者、犯罪者解决刑事案件的会议场所，这些刑事案件也涉及传统领导人，社区和宗教探索当地智慧价值观，以补充根据2020年第15号《佩尔贾法令》实施终止起诉的积极法律的适用。本研究是一项具有描述性和分析性研究特点的社会法律研究。建立Rumah RJ的紧迫性是探索社区中包含的当地智慧价值观。恢复性司法与印度尼西亚社会中的法律价值观（生活法）相一致，生活法基本上基于生活的三个主要目标，即创造社会和平、实现生活和谐和维护人民生活之间的宇宙平衡，是维护印度尼西亚人民法律文化的一种努力。在Rumah RJ解决案件时，优先考虑审议和共识，并实施当地智慧价值观，目前仅基于解决方法，即通过审议达成共识，但在本研究中，Toba Samosir和Kajang的起诉符合价值观和当地习惯法，这样在这种情况下，法律和地方智慧的价值观可以作为实施积极执法的补充。

本文章由计算机程序翻译，如有差异，请以英文原文为准。

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来源期刊

Russian Law Journal LAW-

自引率

0.00%

发文量

审稿时长

5 weeks

期刊介绍： The Russian Law Journal is one of the first academic legal journals in English to be published in Russia. Our goal is to provide scholars worldwide with comparative papers on recent legal developments not only in Russia, but also in Eurasia, other jurisdictions and on the international level. The idea to establish this journal belongs to the following scholars of Moscow State Lomonosov University Law Faculty: Gleb Bogush, Nataliya Bocharova, Dmitry and Anastasia Maleshin and Sergei Tretyakov. We want to bring the Russian academic legal tradition closer to the international environment and make Russian legal scholarship more accessible to other scholars and well-known worldwide.