通过警察举报解决民事纠纷:一种恢复性司法途径

Stephan Anggita Hutagaol, A. Muta’ali, B. S, Agus Ady Wijaya, Markus Marselinus Soge
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引用次数: 0

摘要

本研究是由民事纠纷报案现象引发的,从而使原本属于民事纠纷的领域变成了刑事领域。恢复性司法原则是刑事法律制度的一个突破,它寻求通过优先恢复其原始状态(犯罪发生前)和恢复良好的社会关系来为当事人(特别是受害者)提供正义,而不是在事实(das sein)中使用恢复性司法来解决民事案件,如应收账款索赔或坏帐通过警察报告。其中理论上(das sollen)应收账款债权或坏账应通过民事诉讼机制解决。作者在本研究中选择定性研究方法类型的文献研究(文献研究),使用一手数据和二手数据作为数据来源,包括审查警察作家,警察从业人员也是学者所写的警察法规和恢复性司法书籍,以了解问题,回答研究问题,实现研究目标。笔者通过研究发现,刑事诉讼具有民事诉讼所没有的特权,而在刑事诉讼中,使用恢复性司法原则更有可能使当事人和解。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
The Phenomenon of Civil Dispute Claim Settlement Through Police Report a Restorative Justice Approach
This research was initiated by the phenomenon of civil disputes which were reported to the police, so what was originally civil disputes became criminal domain. The principle of restorative justice is a breakthrough in the criminal legal system seeks to provide justice to the parties (especially to the victims) by prioritizing recovery to its original state (before crime happened) and restore good relationship in the society, instead in factual (das sein) restorative justice was used to resolve civil cases such as account receivable claim or bad debt through police reports, which theoretically (das sollen) account receivable claim or bad debt should be resolved through the mechanism of civil law proceedings. The author chooses qualitative research method type of document study (literature study) using primary data and secondary data as sources of data in this study, including examining police regulations and restorative justice books written by police writers, police practitioners who are also academics, to understand the problems and to answer the research questions, as well as to achieve the research objectives. From this research the authors found that there is privilege in using criminal approach that was not found in the civil law proceedings, and by using the principle of restorative justice it is more possible for the parties to reconcile in a criminal case.
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