scholarly journals PENDEKATAN RESTORATIVE JUSTICE DALAM MELINDUNGI KORBAN KEKERASAN SEKSUAL

2021 ◽  
Vol 2 (2) ◽  
Author(s):  
Asit Defi Indriyani
Keyword(s):  
Sexual Violence ◽  
Restorative Justice ◽  
Question Mark ◽  
Original State ◽  
Justice Process ◽  
Short Time

The restorative justice approach basically exists to reduce the number of prisoners in prisons. Therefore, as much as possible it is resolved peacefully (mediation) with the aim of restoring the situation to its original state and restoring the pattern of good relations in society. In the case of sexual violence, the loss suffered by the victim is not only physical and material but also psychologically and socially affected. Whether then this Restorative Justice can protect victims and guarantee the rights of victims, of course this is still a big question mark. Physical and material losses may be able to recover in a short time, but psychologically it takes so long even a lifetime. In addition, there is no security guarantee that the perpetrator will not threaten the victim or even repeat his actions when the Restorative Justice process is completed.

Restorative Justice Process in Case Law

2008 ◽  
Vol 33 (1) ◽  
pp. 41-44 ◽  
Author(s):  
John M McDonald
Keyword(s):  
Restorative Justice ◽  
Case Law ◽  
Justice Process

Campus Sexual Violence and Title IX: What is the Role of Restorative Justice Now?

2021 ◽  
pp. 155708512110626
Author(s):  
Shauntey James ◽  
Melanie D. Hetzel-Riggin
Keyword(s):  
Higher Education ◽  
Distributive Justice ◽  
Sexual Violence ◽  
Restorative Justice ◽  
Title Ix ◽  
Sexual Misconduct ◽  
College Campuses ◽  
Institutions Of Higher Education ◽  
Advantages And Disadvantages

Institutions of Higher Education (IHEs) have used restorative justice (RJ) to address sexual misconduct on college campuses under Title IX. In 2020, Title IX guidance was codified. The application of RJ under the new policy may create procedural and distributive justice issues. This article (1) defines the new policy; (2) explores suitability of RJ to sexual misconduct and specifically yellow zone behavior under the new policy; (3) discusses justice for the various stakeholders under the guise of advantages and disadvantages; and (4) makes recommendations to strengthen the choice of either implementing or not implementing restorative justice.

Promoting Inmates’ Positive Attitudes toward Participating in a Restorative Justice Process: The Effects of a Victim Awareness Process

2020 ◽  
Vol 100 (3) ◽  
pp. 381-398
Author(s):  
Dana Weimann-Saks ◽  
Inbal Peleg-Koriat
Keyword(s):  
Restorative Justice ◽  
Positive Attitudes ◽  
Justice Process ◽  
Empirical Experiment

In the present study, we conducted an empirical experiment to examine whether exposure to a victim awareness procedure would affect inmates’ attitudes toward participating in a restorative-justice process. In addition, the study sought to evaluate whether there are differences between inmates serving their sentences in prisons with different therapeutic orientations. The findings indicate that participants who were exposed to a victim awareness procedure were more aware of the harm caused to the victim and showed a higher level of positive attitudes toward participating in restorative-justice process than those who were not. Contrary to our hypothesis, no differences were found between the prisons.

A Call for Evaluation of Restorative Justice Programs

2019 ◽  
Vol 22 (1) ◽  
pp. 186-190 ◽  
Author(s):  
Daye Gang ◽  
Bebe Loff ◽  
Bronwyn Naylor ◽  
Maggie Kirkman
Keyword(s):  
Systematic Review ◽  
Sexual Violence ◽  
Family Violence ◽  
Restorative Justice ◽  
Eligible Study ◽  
Policy Makers

Restorative justice as a response to sexual violence continues to be subject to significant criticism. To assess the evidence, we sought to appraise and synthesize evaluations of restorative justice programs for sexual and family violence offences by conducting a systematic review of peer-reviewed literature. However, our rigorous search identified only one eligible study. This dearth of evidence leaves us unable to identify how best to achieve the aims for which programs were established and poses difficulties for policy makers determining whether it is justified to introduce restorative justice programs for sexual and family violence. We recommend that evaluations of restorative justice programs that accept sexual and family violence cases be conducted as a matter of urgency.

FGCs in the youth justice system

2018 ◽  
pp. 169-182
Author(s):  
Jonny Cohen ◽  
Dave Norton ◽  
Deanna Edwards ◽  
Kate Parkinson
Keyword(s):  
Restorative Justice ◽  
Justice System ◽  
Family Group ◽  
Youth Justice ◽  
Restorative Process ◽  
Family Group Conferencing ◽  
System P ◽  
Justice Process ◽  
Taking Responsibility

This chapter assesses Family Group Conferencing in the youth justice arena. FGCs in the youth justice field sit under the umbrella of restorative justice. Restorative justice is the process of bringing together the ‘victim’ of a crime with the ‘offender’ to enable dialogue between the two parties with a focus on ‘repairing the harm’ to the victim. The restorative process is aimed at creating an outcome where the victim feels that justice has been served and that the offender is taking responsibility for their crime. The result is a ‘personalised’ justice process because it is the ‘victim’ who determines what needs to happen for them to feel that justice has been served. The chapter then looks at the ReConnect project, an FGC service based within Leeds Youth Offending service, to demonstrate that there is a broad need for family-centred responses to youth justice issues.

Reparation to Victims of Sexual Violence: Possibilities at the International Criminal Court and at the Trust Fund for Victims and Their Families

2007 ◽  
Vol 20 (1) ◽  
pp. 207-237 ◽  
Author(s):  
ANNE-MARIE DE BROUWER
Keyword(s):  
Sexual Violence ◽  
Restorative Justice ◽  
International Criminal Court ◽  
International Criminal ◽  
International Criminal Tribunal ◽  
Criminal Court ◽  
Former Yugoslavia ◽  
Special Focus ◽  
Trust Fund ◽  
Female Survivors

In this contribution the reparation possibilities for victims of sexual violence at the Inter-national Criminal Court and at the Trust Fund for Victims and their families are explored. This is done by explaining first of all why victims of sexual violence – and especially women – are in urgent need of reparation during and after conflict, with a special focus on the situation of female survivors of sexual violence in Rwanda. The reparation possibilities for victims of sexual violence at the International Criminal Tribunal for the former Yugoslavia and the International Criminal Tribunal for Rwanda are subsequently discussed, followed by a similar discussion with regard to the ICC. Questions such as the nature of the best forms of reparation for victims of sexual violence and at what point they are made are also dealt with. Although the ICC reparations regime offers in theory a good means of providing restorative justice to victims of sexual violence, it is important that the special concerns and needs of such victims are not easily overlooked by the Court and that swift action is taken by the Trust Fund for Victims and their families to address their plight.

scholarly journals RESTORATIVE JUSTICE DALAM UNDANG-UNDANG SPPA: IMPLIKASINYA BAGI PEKERJAAN SOSIAL

LITIGASI ◽  
2016 ◽  
Vol 16 (2) ◽  
Author(s):  
Edi Suharto
Keyword(s):  
Criminal Justice ◽  
Juvenile Justice ◽  
Social Workers ◽  
Restorative Justice ◽  
Institutional Quality ◽  
Social Welfare Services ◽  
Justice Process ◽  
Criminal Justice Process ◽  
And Training

Act No. 11 Year 2012 on the Juvenile Justice Systemthat now come into force, grounded in the concept of restorative justice. Restorative justice is the completion of the criminal case together relevant parties in order to seek a fair settlement with the emphasis on restoring back to its original state. To achieve this restorative justice efforts for settling disputes diversion or transfer of children from the criminal justice process to the outside of the criminal justice process. At this diversion efforts have implications for social work. If previously a social worker who has a small role for children in conflict with the law (ABH), it is now a greater role. So it is necessary to enhance the quality and quantity of social workers. Improved quality and quantity must be followed by efforts such as education and training. Institutional quality of social welfare services should also be strengthened because it is the institution that will hold ABH when diversion efforts agreed by the parties.Keyword: Restorative Justice; Diversion; Social Workers ABSTRAKUU SPPA yang sekarang mulai berlaku, berpijak pada paradigma restorative justice. Restorative justice merupakan penyelesaian perkara tindak pidana bersama-sama pihak terkait dalam rangka mencari penyelesaian yang adil dengan menekankan pemulihan kembali pada keadaan semula. Untuk mencapai keadilan restoratif ini dilakukan upaya diversi atau pengalihan penyelesaian perkara anak dari proses peradilan pidana ke proses di luar peradilan pidana. Pada upaya diversi inilah memiliki dampak bagi pekerjaan sosial. Jika sebelumnya pekerja sosial mempunyai peranan yang kecil kepada anak yang berhadapan dengan hukum (ABH), maka kini peranannya lebih besar. Sehingga dibutuhkan peningkatan kualitas maupun kuantitas. Peningkatan kualitas maupun kuantitas harus diikuti dengan upaya seperti pendidikan dan pelatihan. Kualitas kelembagaan pelayanan kesejahteraan sosial juga harus diperkuat karena lembaga inilah yang akan menampung ABH ketika upaya diversi disepakati para pihak.Kata Kunci: Restoratif Justice; Diversi; Pekerja Sosial

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