Fathurokhman, Ferry (2015) Police-Community Partnership Forum (FKPM) as a means of implementing Restorative Justice Study Case in Lasem, Rembang, Central Java, Indonesia. XXVI World Congress of Philosophy of Law and Social Philosophy . initiavia, Bello Horisonte Brasil. ISBN 978-85-64912-59-5

Text (Prosiding dalam World Congress Filsafat Hukum di Brasil) Prosiding Brazil IVR 2013.pdf - Published Version Download (22MB)

Abstract

Restorative justice has been studied and implemented in several countries as a new method handling crime in lieu of criminal court. The basic idea is to meet victim needs, to instill the offender that his/her act has been harming victim and community that affected by the crime. The ending process of restorative justice would be something that can be done to repair the harm. In Indonesia, best practice in term of restorative justice would be found in FKPM, a Police-Community Partnership Forum (FKPM) that consisted of one police officer and stakeholders in one village. A data shows that FKPMs in Lasem have succeeded to reach peaceful settlement of 19 cases outside of criminal court. Different from criminal court, FKPM seeks to ‘win-win’ solution in order to meet victim needs, offender reforms and community demands. FKPM fixes victim-offender relationships which the same thing does not happen in criminal court. Prior to the wide spread of restorative justice notions, all criminal cases should be proceeded under criminal justice system. Conflicts within society are taken over solely by the state. Victim’s interest was neglected and abandoned. These conditions were naked facts that can be easily found in our justice system. However, for most of Indonesian people, criminal court is the last resort for seeking justice. If they have a conflict, they would rather to solve the conflict by themselves assisted by their relatives. The victim’s family and the offender’s family will gather to discuss the best way out of conflict resolution. However, since there is no legal basis for the agreement therefore there is no guarantee that the state would not take over the case, even if the case already resolved. FKPM gives a legal basis for the settlement between parties. Chief of Police of Indonesian Republic gave FKPM an authority and competency to handle and settle some criminal cases, particularly in the area of misdemeanors. With FKPM, restorative justice now meets its legal basis. Keywords: FKPM, restorative justice, Indonesia

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