Skripsi

PENERAPAN RESTORATIVE JUSTICE DALAM PUTUSAN HAKIM SEBAGAI ALASAN PENGHAPUS PERTANGGUNGJAWABAN PIDANA BAGI TERDAKWA PERKARA PENCURIAN DAN PENGANIAYAAN

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Penilaian

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Restorative justice, as a means of reconciliation between the defendant and the victim in a criminal act, can produce different outcomes in judges' decisions. Generally, this reconciliation is used as a mitigating factor for the defendant. However, some decisions use restorative justice as a reason for acquitting the defendant, although normatively it is not considered a justification or a reason for forgiveness. Therefore, the issue discussed concerns the basis for determining restorative justice as a reason for eliminating criminal responsibility. for the defendant and its application in judges' decisions. This research used normative legal methods. From the results of the research findings reveal a shift in perspective on the realization of justice, from retaliation or suffering to restoration, prioritizing peace over criminal punishment and in perspective shifts the perpetrator's perspective of the crime which is not always being the object of punishment, to being given the opportunity to participate in the restoration of the situation, through apologies, compensation for losses arising from the crime, or fulfillment of other conditions agreed upon between the perpetrator and victim to achieve reconciliation. In its application, the Judge has progressively explored the law, considering that restorative justice serves as a reason to eliminate the unlawful nature of the crime and then acquit the Defendant of all legal charges. Although normatively, this type of decision should be rendered subject to justification and excusal, and the requirement that the defendant's actions are proven but fall within the scope of civil law. Whereas, Restorative justice is not a form of justification or excusal, but rather a new paradigm that eliminates the unlawful nature.

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Availability

Inventory Code	Barcode	Call Number	Location	Status
2507004393	T179913	T1799132025	Central Library (Reference)	Available but not for loan - Not for Loan

Detail Information

Series Title

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Call Number

T1799132025

Publisher

Palembang : Prodi Magister Hukum, Fakultas Hukum Universitas Sriwijaya., 2025

Collation

xxiii, 443 hlm.; ilus.; tab.; 29 cm.

Language

Indonesia

ISBN/ISSN

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Classification

340.07

Content Type

Text

Media Type

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Carrier Type

-

Edition

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Subject(s)

Ilmu hukum

Specific Detail Info

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Statement of Responsibility

MI

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