Jurnal Hukum dan Peradilan
Vol 12, No 2 (2023)

Solutions To Differences In Sentences For Parallel Integration Of Restorative Justice In Indonesian Courts

Handar Subhandi Bakhtiar (Universitas Pembangunan Nasional Veteran Jakarta Sinta ID. : 6762205 Scopus ID. : 57211311917)
Amriyanto Amriyanto (Universitas Khairun)
Samsu Alam Maddussila (Washington State University)



Article Info

Publish Date
31 Jul 2023

Abstract

This study describes the problems and solutions related to differentiating sentences for the parallel integration of restorative justice in Indonesian courts. This study is normative-legal research using statute, comparative, and conceptual approaches. This study utilizes primary legal materials and secondary legal materials. This study is based on 25 (twenty-five) cases decided by judges in Indonesian courts. The research results indicate that the values of restorative justice are very relevant to the cultural values of gotong royong in Indonesia. Judges must consider the community’s cultural values and the implementation of restorative justice in their decisions. Parallel integration of justice has been re-applied in Indonesian courts. Still, in practice, judges do not have guidelines for parallel integration, so it is very possible that there will be differences in punishment for applying parallel integration. Therefore, as a solution to the problem of differentiation of sentences, the authors propose 2 (two) concepts of court decisions, namely (1) the verdict of the indictment cannot be accepted, and (2) the decision of the public prosecutor cannot be accepted.

Copyrights © 2023






Journal Info

Abbrev

jurnalhukumperadilan

Publisher

Subject

Economics, Econometrics & Finance Environmental Science Law, Crime, Criminology & Criminal Justice

Description

Jurnal Hukum dan Peradilan (JHP) is published by the Research Center for Law and Judiciary of the Supreme Court of the Republic of Indonesia. JHP aimed to be a peer-reviewed platform and an authoritative source of information on legal and judiciary studies. The scope of JHP is analytical, objective, ...