The Role of Victims in Resolving Criminal Cases through a Restorative Justice Approach

Authors

  • Tomy Haryono Universitas Jayabaya, Jakarta Timur, Indonesia
  • Hedwig Adianto Mau Universitas Jayabaya, Jakarta Timur, Indonesia
  • Basuki Universitas Jayabaya, Jakarta Timur, Indonesia

DOI:

https://doi.org/10.57185/jlarg.v2i7.58

Keywords:

victims, restorative justice, legal certainty

Abstract

This article examines the role of victims in restorative justice, a process that involves perpetrators, victims, their families, and other stakeholders in jointly resolving criminal acts and their implications, with a focus on restoring the original state. The research specifically aims to explore the role of victims in resolving criminal cases through a restorative justice approach and to examine the legal certainty surrounding this role. Utilizing a normative juridical approach focused on literature research, the study incorporates legislative, conceptual, comparative, case, and historical methods. The findings highlight that restorative justice places the victim as a central figure in the resolution process, acknowledging the importance of justice from multiple perspectives. Legal certainty in this context is achieved through the active participation of both victims and perpetrators in resolving criminal cases, reflecting the community's need for a more inclusive and participatory mechanism. The restorative justice approach, by emphasizing the direct involvement of victims and perpetrators, provides a meaningful response to criminal justice challenges.

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Published

2024-08-21