警方在运用恢复性司法解决家庭暴力案件时考虑采取惩戒行动(在楠榜地区警察局刑事调查总局开展的研究)

Recca Ayu Hapsari, Nadira Tresya
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摘要

背景。家庭暴力(以下简称 "家暴")是发生在人们生活中的一种暴力形式。家庭暴力问题是印度尼西亚政府在改革时期严重关注的重要问题之一。目的是什么?在运用恢复性司法解决家庭暴力案件的过程中,警方是如何考虑自由裁量权的?研究方法。本研究采用规范法学方法和实证法学方法,以获得正确、客观的研究结果。结果。在运用恢复性司法解决家庭暴力案件时,对警方自由裁量权的考虑是通过恢复性司法方法进行的。 警方为克服家庭暴力犯罪所做的努力是通过几个阶段进行的,即先发制人、预防、镇压遏制努力。结论。在运用恢复性司法解决家庭暴力案件时,警方可根据程序采取恢复性司法方法,为受害者提供法律确定性,其依据是解决家庭暴力犯罪的恢复性司法要求,以及《印度尼西亚共和国国家警察条例》(2021 年第 8 号,关于犯罪的恢复性司法处理)第 3 条和第 5 条规定的附加要求。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Consideration of Discerationary Actions by the Police in the Application of Restorative Justice to the Resolution of Domestic Violence Cases (Study at the Directorate of General Criminal Investigation of the Lampung Regional Police)
Background. Domestic violence (hereinafter abbreviated as domestic violence) is one form of violence that occurs in people's lives. The violence is often also referred to as dosmetic violence because it occurs in the domestic sphere, the problem of domestic violence is one of the important things that became a serious concern by the Indonesian government in the reform era. Purpose. How is the consideration of discretionary actions by the Police in the application of restorative justice to the resolution of domestic violence cases and how are efforts to overcome domestic violence crimes carried out by the Police? Method. The approach used in this study is a normative juridical approach and an empirical juridical approach to obtain correct and objective research results. Results. Consideration of Discretionary Action by the Police in the Application of Restorative Justice to the Resolution of Domestic Violence Cases is through a restorative justice approach.  Efforts to overcome domestic violence crimes carried out by the police are carried out through several stages, namely pre-emptive, preventive, repressive containment efforts. Conclusion. Consideration of Discretionary Actions by the Police in the Application of Restorative Justice to the Resolution of Domestic Violence Cases is through a restorative justice approach in accordance with procedures to provide legal certainty for victims based on restorative justice requirements in solving domestic violence crimes and additional requirements based on the provisions of Article 3 and Article 5 of the National Police Regulation of the Republic of Indonesia Number 8 of 2021 concerning Restorative Justice Handling of Crimes.
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