执法中的善治与地方智慧

Muhammad Ruhly Kesuma Dinata, Irhammudin Irhammudin, Della Monica, Ruetaitip Chansrakaeo
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引用次数: 1

摘要

尽管恢复性司法是一种旨在建立一个对受害者问题敏感的刑事司法制度的办法,但在印度尼西亚的法律制度中,通过习惯法实现庭外和解的法律确定性仍然值得怀疑。恢复性司法是指犯罪行为人(其家属)在法庭外对犯罪受害人所希望作出的关系美化和补偿,其意图和目的是通过当事人之间的协议和约定,使犯罪行为所产生的法律问题得到妥善解决。在北楠榜度假胜地警察的执法中,善治和地方智慧的执行情况如何?本研究采用社会法学方法的定性研究方法。社会法学是一种使用社会科学作为单一方法的法律研究方法。由于这种方法,社会法学的目标是将两个(或几个)学科的知识、技能和研究经验形式整合为一个整体,以努力克服有关学科的一些理论和方法局限性。就像Wari Gunawan bin Ngatimin作为涉嫌犯有《刑法》第378条欺诈罪的嫌疑人的案件一样。研究的结果是,在解决社区问题时,Ippun Aneg的存在旨在作为处理和/或解决社区中出现的问题的指导方针。在这种情况下,通过恢复性司法解决刑事犯罪是无法实施的,因为受害者所收到的损失尚未得到补偿是通过调查和调查层面的恢复性司法解决这种案件的主要障碍,尽管加害人与受害者之间已经达成了和平。此外,加害人、受害人和有关各方的请求书尚未提出和提交,这是通过恢复司法解决的障碍。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Good Governance and Local Wisdom in Law Enforcement
The legal certainty of out-of-court settlements through customary law is still questionable in the Indonesian legal system, even though restorative justice is an approach that aims to build a criminal justice system that is sensitive to the problems of victims. Restorative justice which means a glorification of relationships and making amends that the perpetrator of the crime (his family) wants to make to the victim of the crime outside the court with the intention and purpose that the legal problems arising from the criminal act can be resolved properly by reaching an agreement and agreement between the parties. how is the enforcement of good governance and local wisdom in law enforcement in the North Lampung resort police? This research uses qualitative research methods with a Socio Legal approach. Socio-legal is a legal research approach that uses the help of social sciences as a single approach. Because of this approach, the socio-legal goal is to integrate as a whole the knowledge, skills, and forms of research experience of two (or several) disciplines in an effort to overcome some of the theoretical and methodological limitations of the disciplines concerned. As in the case of Wari Gunawan bin Ngatimin as a suspect for allegedly committing the crime of Fraud Article 378 of the Criminal Code. The result of the research is that in solving problems in the community, the existence of Ippun Aneg is intended as a guideline in handling and/or resolving problems that arise in the community. The settlement of criminal offenses through restoration justice in this case cannot be carried out because the unfinished return of losses received by the victim is the main obstacle to the settlement of this case through restoration justice at the level of investigation and investigation even though peace has been made between the perpetrator and the victim. In addition, the letter of request from the perpetrator, victim and related parties has not been made and submitted, which is an obstacle to the settlement through restoration justice.
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来源期刊
CiteScore
1.10
自引率
0.00%
发文量
11
审稿时长
6 weeks
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