• News Archive
  • Simaster
  • Webmail
  • Directory
  • Crisis Center
  •  English
    • Indonesia
Universitas Gadjah Mada Universitas Gadjah Mada Universitas Gadjah Mada Universitas Gadjah Mada
  • Education
    • Doctoral dissertation
    • Inauguration of Professor
    • Graduation
  • Achievement
  • Research and Innovation
    • Research
    • Innovation
  • Campus Info
    • Cooperation
    • Seminar and Workshop
    • Student Community Service Program
    • Other
  • News Report
  • Home
  • Doctoral dissertation
  • Restorative Justice Principle Needs to be Reformulated

Restorative Justice Principle Needs to be Reformulated

  • 09 February 2018, 14:31 WIB
  • By: Marwati
  • 1864
  • PDF Version
Asas Keadilan Restoratif Hukum Pidana Indonesia Perlu Diformulasi Ulang

Reformulation of restorative justice principle in Indonesian criminal law needs to be made, especially on Book I of Indonesian Criminal Code as general rule of criminal law enforcement.

“Reformulation of restorative justice principle in Indonesian criminal law in RUU KUHP needs to be done in the future,” said judge in Ketapang District Court, Hendra Kusuma Wardana, S.H., M.H., during his doctoral promotion at Faculty of Law UGM on Friday (9/2).

Hendra said reformulation of restorative justice principle in future Indonesian criminal law show some indicators towards criminal justice which puts first the balance of state interest, society, and victims. This serves as a model that reflects ideology value and socio-cultural value of Indonesian society which is harmonious and balanced as stipulated in the state ideology of Pancasila.

Thus, Hendra said, it needs addition of regulation to issues such as the limit of implementation of restorative justice principle. Also, regulation of reconciliation agreement in writing as a form of settlement of criminal case outside the process so that it can be formulated as the legal basis for the authority of prosecutors which is getting void.

Hendra said reformulation of restorative justice principle in formal criminal law in Indonesia is based on the goal of prioritising balanced interests among society. Thus, regulation is also needed such as recognition in the state constitution of customary law community and laws that are existing in society.

Hendra explained regulation is also necessary, remembering the opportunity of implementing discretion at the investigation and prosecution phase. The implementation of restorative justice principle in the process of criminal law enactment can be constructed in the form of discretion by police or prosecutors in the pre-trial phase.

In the trial phase, the panel of judges, he said, may reconcile the perpetrator and victim. If a reconciliation takes place, this can be made a consideration in relation with the idea of clemency ruling by the judges.

“In the phase of criminal enactment, the restorative justice principle can be realised in the terms implementation rules to follow rehabilitation programme in line with the type of act of crime committed by the perpetrator,” he said.

Related News

  • Participative Principle and Social Justice in Land Provision Regulation

    Monday,01 August 2016 - 8:14
  • Ex Aequo Et Bono Principle Needs to Be Regulated in Arbitration

    Friday,20 October 2017 - 16:32
  • Verdicts Have Not Met Justice

    Friday,04 March 2011 - 9:21
  • Research in Judge Independence in Sentencing Case of Special Minimum Penalty

    Wednesday,06 June 2018 - 10:26
  • Armaidy Armawi: Tendency for Apathy Towards Pancasila Emerges

    Wednesday,16 December 2015 - 15:55

News Releases

  • UGM Students Represent Indonesia at Youth Ecosperity Dialogue 2022 28 June 2022
    Five UGM students took part in this year’s Youth Eco
    Salma
  • UGM Medical Students Win 2022 RespiQuizz 27 June 2022
    UGM medical students Azaria Evan Trie Tana and Wisnu Pinan
    Salma
  • UGM Ready for 2022 Formula Student Netherlands 22 June 2022
    The UGM formula team Bimasakti is set to compete at
    Salma
  • German President Frank-Walter Steinmeier Visits Universitas Gadjah Mada 17 June 2022
    Universitas Gadjah Mada (UGM) received a visit from German
    Salma
  • UGM Claims Sixth Place at 2022 CanSat Competition 17 June 2022
    The Narantaka Gadjah Mada Aerospace Team (GMAT) finished i
    Salma

Info

  • Install Fest Windows
    29 September 2017
  • Streaming Author Workshop Writing and Publishing
    14 July 2017
  • Hokkaido University Short Term Exchange Program HUSTEP
    08 January 2016
  • 2016 Amgen Scholars Program in Japan
    08 January 2016
  • Jardine Foundation Scholarship for Postgraduate Studies at University of Oxford and University of Cambridge
    01 July 2015

Event

  • 21Jul The International Conference on Sustainable Environment, Agriculture, and Tourism (ICOSEAT)...
  • 07Sep The 8th International Conference on Science and Technology (ICST 2022)...
Universitas Gadjah Mada
UNIVERSITAS GADJAH MADA
Bulaksumur Yogyakarta 55281
   info@ugm.ac.id
   +62 (274) 588688
   +62 (274) 565223
   +62 811 2869 988

PARTNERSHIP

  • Alumni
  • International Affairs

ABOUT UGM

  • Rector's Welcome
  • History
  • Vission and Mission
  • The Board of Executive
  • Management

VISIT UGM

  • Campus Map
  • Event

REGISTRATION

  • Undergraduate
  • Graduate
  • Vocational School
  • Professional Program
  • International Program

© 2022 Universitas Gadjah Mada

PRIVACY POLICYCONTACT