CD Tesis

Pendekatan Restorative Justice Terhadap Tindak Pidana Tertentu Dengan Ancaman Penjara Dibawah Lima Tahun Dalam Mengfungsikan Hukum Pidana Sebagai Ultimum Remedium

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In current developments, it is necessary to reform the criminal law in handling
a criminal case. Restorative justice is a paradigm that can be used to address
dissatisfaction with the functioning of the existing criminal justice system.Ideally,
the functionalization of criminal law should be placed as a last resort in enforcing
the law. The problem in applying the restorative justice approach is thatthere are
no clear and detailed regulations governing restorative justice, and thereare no
regulations at the level of the law, causing restorative justice to want to be applied
to many crimes that have wide-reaching impacts. The application of a restorative
justice approach must be in accordance with its philosophical values and goals,
namely the restoration of victims and the creation of justice and the maintenance
of a balance between perpetrators, victims and society.
This type of normative legal research type of legal synchronization.
Collecting data on normative legal research uses data collection techniques from a
literature study. In drawing conclusions the author uses the deductive thinking
method, namely a way of thinking that draws conclusions from a general statement
or argument into a specific statement.
Based on results of research and discussion it can be concluded. First; The
restorative justice approach to criminal acts with the threat of imprisonment for
under five years finds its footing in the basic philosophy of Pancasila, namely in
accordance with the 4th precept of Pancasila "Deliberation to reach consensus".
Currently, restorative justice has been regulated in various regulations/policies.
The contents of this internal policy show that there is no uniformity in
understanding and boundaries of criminal acts that can be resolved through
restorative justice and does not create an Integrated Criminal Justice System. and
imposing criminal sanctions on perpetrators.Restorative justice can be applied to
certain crimes with a penalty of imprisonment under five years such as theft, light
theft, humiliation, light insult, embezzlement, light embezzlement, and
defamation.By updating the Criminal Code and Criminal Procedure Code, by there
are explicit and clear boundaries and rules related to restorative justice as well as
integrated and continuous criminal procedure procedures at every stage of the
Police, Prosecutors' Office, Courts to Correctional Institutions.
Keywords : Restorative Justice, Criminal Crimes, Imprisonment for under years,
Last Resort

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Ketersediaan

Informasi Detail

Judul Seri

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No. Panggil

2110247021

Penerbit

Pekanbaru : Universitas Riau – Pascasarjana – Tesis Ilmu Hukum., 2023

Deskripsi Fisik

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Bahasa

Indonesia

ISBN/ISSN

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Klasifikasi

2110247021

Tipe Isi

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Tipe Media

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Tipe Pembawa

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Edisi

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Subjek

ILMU HUKUM

Info Detail Spesifik

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Pernyataan Tanggungjawab

FATAH

Versi lain/terkait

Lampiran Berkas

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