NON-PENAL POLICY IN PROSECUTION TERMINATION (RECONSTRUCTING CRIMINAL LAW THROUGH RESTORATIVE JUSTICE)
The idea of non-penal policies prioritizing rehabilitation and social reintegration rather than mere incarceration is a more humane approach in sentencing systems. However, in practice, Indonesia's criminal justice system is still dominated by retributive paradigms emphasizing vengeance. This...
Saved in:
| Main Authors: | , , |
|---|---|
| Format: | Article |
| Language: | English |
| Published: |
Sekolah Tinggi Ilmu Hukum IBLAM
2025-05-01
|
| Series: | IBLAM Law Review |
| Subjects: | |
| Online Access: | https://ejurnal.iblam.ac.id/IRL/index.php/ILR/article/view/605 |
| Tags: |
Add Tag
No Tags, Be the first to tag this record!
|
| _version_ | 1850231750808043520 |
|---|---|
| author | Fauzy Marasabessy Bambang Sugiri Heru Ratnohadi |
| author_facet | Fauzy Marasabessy Bambang Sugiri Heru Ratnohadi |
| author_sort | Fauzy Marasabessy |
| collection | DOAJ |
| description |
The idea of non-penal policies prioritizing rehabilitation and social reintegration rather than mere incarceration is a more humane approach in sentencing systems. However, in practice, Indonesia's criminal justice system is still dominated by retributive paradigms emphasizing vengeance. This research examines the application of restorative justice as the basis for the prosecution termination by public prosecutors. It finds that although internal regulations exist within law enforcement institutions such as the police and prosecutor's office, restorative justice implementation remains suboptimal due to structural and cultural barriers. Using a normative juridical approach, this study concludes that non-penal policies can provide solutions to prison overcapacity, enhance victim protection, and strengthen the integrated criminal justice system.
|
| format | Article |
| id | doaj-art-dee48edeef854a0a86a4fc1051501f32 |
| institution | OA Journals |
| issn | 2775-4146 2775-3174 |
| language | English |
| publishDate | 2025-05-01 |
| publisher | Sekolah Tinggi Ilmu Hukum IBLAM |
| record_format | Article |
| series | IBLAM Law Review |
| spelling | doaj-art-dee48edeef854a0a86a4fc1051501f322025-08-20T02:03:25ZengSekolah Tinggi Ilmu Hukum IBLAMIBLAM Law Review2775-41462775-31742025-05-015210.52249/ilr.v5i2.605NON-PENAL POLICY IN PROSECUTION TERMINATION (RECONSTRUCTING CRIMINAL LAW THROUGH RESTORATIVE JUSTICE)Fauzy Marasabessy 0Bambang Sugiri1Heru Ratnohadi2University of Brawijaya University of BrawijayaUniversity of Brawijaya The idea of non-penal policies prioritizing rehabilitation and social reintegration rather than mere incarceration is a more humane approach in sentencing systems. However, in practice, Indonesia's criminal justice system is still dominated by retributive paradigms emphasizing vengeance. This research examines the application of restorative justice as the basis for the prosecution termination by public prosecutors. It finds that although internal regulations exist within law enforcement institutions such as the police and prosecutor's office, restorative justice implementation remains suboptimal due to structural and cultural barriers. Using a normative juridical approach, this study concludes that non-penal policies can provide solutions to prison overcapacity, enhance victim protection, and strengthen the integrated criminal justice system. https://ejurnal.iblam.ac.id/IRL/index.php/ILR/article/view/605Restorative JusticeNon-Penal PolicyProsecutionCriminal Law Reform |
| spellingShingle | Fauzy Marasabessy Bambang Sugiri Heru Ratnohadi NON-PENAL POLICY IN PROSECUTION TERMINATION (RECONSTRUCTING CRIMINAL LAW THROUGH RESTORATIVE JUSTICE) IBLAM Law Review Restorative Justice Non-Penal Policy Prosecution Criminal Law Reform |
| title | NON-PENAL POLICY IN PROSECUTION TERMINATION (RECONSTRUCTING CRIMINAL LAW THROUGH RESTORATIVE JUSTICE) |
| title_full | NON-PENAL POLICY IN PROSECUTION TERMINATION (RECONSTRUCTING CRIMINAL LAW THROUGH RESTORATIVE JUSTICE) |
| title_fullStr | NON-PENAL POLICY IN PROSECUTION TERMINATION (RECONSTRUCTING CRIMINAL LAW THROUGH RESTORATIVE JUSTICE) |
| title_full_unstemmed | NON-PENAL POLICY IN PROSECUTION TERMINATION (RECONSTRUCTING CRIMINAL LAW THROUGH RESTORATIVE JUSTICE) |
| title_short | NON-PENAL POLICY IN PROSECUTION TERMINATION (RECONSTRUCTING CRIMINAL LAW THROUGH RESTORATIVE JUSTICE) |
| title_sort | non penal policy in prosecution termination reconstructing criminal law through restorative justice |
| topic | Restorative Justice Non-Penal Policy Prosecution Criminal Law Reform |
| url | https://ejurnal.iblam.ac.id/IRL/index.php/ILR/article/view/605 |
| work_keys_str_mv | AT fauzymarasabessy nonpenalpolicyinprosecutionterminationreconstructingcriminallawthroughrestorativejustice AT bambangsugiri nonpenalpolicyinprosecutionterminationreconstructingcriminallawthroughrestorativejustice AT heruratnohadi nonpenalpolicyinprosecutionterminationreconstructingcriminallawthroughrestorativejustice |