Ferry, Fathurokhman (2014) A Study of Restorative Justice in Indonesia (An Eclecticism of Adat Law, Islamic Criminal Law and Modern Law). Doktoral thesis, Kanazawa University.

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Abstract

In traditional criminal justice system, victim has no right to express regarding what s/he needs. The state takes over victim’s right. Therefore judge verdict should be perceived as representing victim’s interest. Restorative justice sees this incompleteness and offers a new paradigm in viewing crime. Victim is given place in restorative justice. Their voice is heard. Restorative justice becomes a fresh notion in criminal law that transforms into various forms. Many countries have employed restorative justice for handling crime, Indonesia included. However, for Indonesian people, restorative justice is actually not a very new idea since its features exist in Adat law, local wisdom that reflected within community policing program, and Islamic criminal law. The modern law that introduced and implemented to Indonesia in mid of nineteenth has made Adat law and Islamic criminal law withered. Its existence has been marginalized and gradually replaced by the law that transplanted from the Dutch. The study begins with the basic idea of restorative justice in order to analyze and find whether Adat law and some values within Islamic criminal law fit restorative justice character. Field research also conducted to find the answer of the research problem as law in the book is often different with law in action. The study found that despite the positive values of the modern law, its replacement which transplanted to Indonesia has created several problems. The problems are rooted from legal culture that does not fit with Indonesian culture. Legal culture is a critical factor in one legal system. A new law the so-called Juvenile Criminal Justice System Act (JCJSA) has been passed by Indonesian parliament for replacing the Juvenile Court Act (JCA). JCJSA has diversion as restorative justice program that believed fits Indonesian culture. The result shows that there are two potential obstacles and challenges within implementation of JCJSA: the synchronization of law enforcement agencies and the role of mediator. Another result is that the contention between public interest and private interest within restorative justice may be relaxed by Islamic criminal law values. The ultimate result of this thesis is that restorative justice in Indonesia is actually an eclecticism of Adat law, Islamic criminal law and modern law.

Item Type:	Thesis (Doktoral)
Subjects:	K Law > K Law (General)
Divisions:	01-Fakultas Hukum > 74201-Program Studi Ilmu Hukum
Depositing User:	Ferry Fathurokhman
Date Deposited:	11 Jan 2022 09:16
Last Modified:	11 Jan 2022 09:16
URI:	http://eprints.untirta.ac.id/id/eprint/9760

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