诉讼制度在西苏门答腊恢复性司法解决刑事案件中的作用

Yoserwan Yoserwan, A. Irzal Rias, Tenofrimer Tenofrimer, Diana Arma, Lucky Raspati
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引用次数: 0

摘要

刑事案件的处理程序和机制总是在不断发展的。恢复性司法是当今社会解决刑事案件的机制之一。虽然最初,它的应用比较非正式和有限,但这一概念已经发展并已成为刑事司法系统的一部分。涉及许多有关各方并旨在修复或恢复受犯罪影响各方的解决机制被认为更有能力伸张正义。在恢复性司法程序中,除了加害者和受害者之外,还有一个参与方是社区。在Adat人民(Masyarakat Adat)范围内,社区参与由Adat机构通过Adat领导人代表。本研究探讨了Lembaga Adat (Adat institution)的作用。在西苏门答腊通过恢复性司法解决案件。本研究采用实证法律研究方法,即通过执法机构或习惯机构收集数据。对研究结果进行了司法定性分析。研究结果表明,在西苏门答腊,通过恢复性司法解决刑事案件涉及以阿达特领导人为代表的阿达特机构。社区参与是通过执法机构(在本例中是警察和检察官机构)之间的谅解备忘录形成的,并使Adat机构参与执行过程。在未来,Adata机构参与刑事案件的解决,特别是通过恢复性司法,需要进行优化,因为获得的正义会更符合社会对正义的感受。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
The Role of Adat Institution In The Settlement of Criminal Cases Through Restorative Justice In West Sumatera
The process and mechanism for settling criminal cases always progresses from time to time. One of the mechanisms for settling criminal cases in today's modern era is settlement through Restorative Justice. Although initially, its application was more informal and limited, this concept has developed and has become part of the Criminal Justice System. Settlement mechanisms that involve many related parties and are oriented towards the repair or restoration of various parties affected by a crime are seen as more capable of providing justice. One of the parties involved in the Restorative Justice process besides the perpetrator and the victim is the community. Within the scope of Adat peoples (Masyarakat Adat), community involvement is represented by Adat institutions through Adat leaders. This research examines the role of Lembaga Adat (adat institution). in resolving cases through Restorative Justice in West Sumatra. The research uses empirical legal research methods, namely by collecting data either through law enforcement agencies or customary institutions. The results of the research were analyzed by juridical qualitative. The results of the research show that in West Sumatra the settlement of criminal cases through restorative justice has involved Adata institutions represented by Adat leaders. Community involvement is formed through a memorandum of understanding between law enforcement agencies, in this case, the police and prosecutors institution, and involves Adat institutions in the implementation process. In the future, the involvement of Adata institutions in the settlement of criminal cases, especially through restorative justice, needs to be optimized, because the justice obtained will be more in line with the feelings of justice in society.
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