The Relevance of Supreme Court Regulation No. 1 of 2020 in Efforts of State Losses Refund through Restorative Justice

The government has moved quickly to find a legal breakthrough related to reducing corruption in Indonesia. One of the efforts made by the government is through the Supreme Court to eradicate corruption is the enactment of Supreme Court Regulation No. 1 of 2020 concerning Guidelines for the Criminalization of Articles 2 and 3 of the Law on the Eradication of Corruption Crimes. The consideration is that the imposition of a crime must be carried out with due regard for the certainty and proportionality of punishment to realize justice based on Pancasila and the Republic of Indonesia's 1945 Constitution. The objectives of the Supreme Court Regulation prioritize victim’s losses to be recovered. Moreover, the regulation proportional benefits in imposing penalties on criminal cases is compatible with the Restorative Justice approach. The restorative justice process is expected to be a legal breakthrough in restoring state finances, with dealing with Criminal Corruption Cases focusing on efforts to restore state finances as a whole rather than just prosecuting the perpetrators. Thus, the purpose of this research is to determine how relevant Supreme Court Regulation No. 1 of 2020 are to efforts to recover state losses through restorative justice. This research employs both a normative and an empirical legal approach. Data were gathered through literature reviews and field studies and analyzed qualitatively. The present study confirmed the author's thoughts about the relevancies of Supreme Court Regulation No. 1 of 2020 to recover state losses through restorative justice as Supreme Court Regulation No. 1 of 2020 play a role as a law enforcement's main element as a legal substance.

Judicial Review By Public Prosecutors In Criminal Cases

Law enforcement efforts should begin to consider and make victims as parties who have an interest in the judicial process. Victims of criminal acts so far have not received enough attention in an effort to fight for justice. The things that are considered and considered include legal certainty, expediency and justice. Legal certainty is closely related to the guarantee of protection to the community against arbitrary actions aimed at public order, while expediency is to create the greatest benefit or happiness to the community, while justice is truth, impartiality, can be accounted for and treats every human being at the same time. equal position before the law (equality before the law). Likewise, the judicial review institution as part of an extraordinary effort in enforcing the law should also be based on these three objectives. On the other hand, the unaccommodated or unaccommodated interests of the victims in the legal provisions encourage interpretations that lead to the defence of interests and justice for the victims, even though in the end it is considered contrary to the law. On this basis, reforms or formal legal reforms summarized in the Criminal Procedure Code, especially in the discussion on review, should be carried out immediately. Of course, these reforms must make the Criminal Procedure Code better and able to accommodate various problems that have not been accommodated so far. This new formal legal provision can later annul conflicting legal provisions between PERMA, the Constitutional Court's Decision and so on. In addition, it is hoped that the new KUHAP will also be able to end the pros and cons and confusion regarding the submission of a judicial review that has so far occurred in a criminal justice process.

A trans-scalar approach to peacebuilding and transitional justice: Insights from the Democratic Republic of Congo

Peace research has taken a local turn. Yet, conceptual ambiguities, risks of romanticization, and critiques of co-option of the “local” point to the need to look for novel ways to think about the interactions of actors ranging from the global to the local level. Gearoid Millar proposes a trans-scalar approach to peace based on a “consistency of purpose” and a “parity of esteem” for actors across scales. This article analyzes the concept of trans-scalarity in the peace process in Ituri, a province in the northeastern Democratic Republic of Congo (DRC). Drawing on qualitative data from more than a year of research in the DRC, I argue that while a trans-scalar approach was taken to end violence, it was not applied to transitional justice initiatives. The result was a negative, rather than a positive peace. By showing the high, but still untapped, potential of trans-scalarity, the article makes three contributions. First, it advances the debate on the local turn by adding empirical insights on trans-scalarity and further developing the concept’s theoretical foundations. Second, it provides novel empirical insights on the transitional justice process in the DRC. Third, it links scholarship on peacebuilding and transitional justice, which have often remained disconnected.

Penulisan Penghakiman Menurut Perspektif Fiqh Al-Qaḍā’dan Aplikasi Mahkamah Syariah Di Malaysia

Islamic management strongly emphasizes the method of writing such as the writing of wills, debts, agreements and judgments. Judgment writing is an important aspect of the justice process. The writing of judgments is emphasized by the majority of fuqaha’ to ensure transparency in judicial proceedings. The purpose of writing this article to view at the approach outlined by Fiqh al-Qaḍā regarding the writing of judgments and applications of Syariah Courts in Malaysia based on the provisions of laws and the application of Practice Direction in Syariah Courts. The writing of this manuscript has revealed that Islamic scholars have outlined the concepts of al-Sijjilāt, al-Maḥaḍar and Kitāb al-Qaḍī ilā al-Qaḍī as a process of judicial writing. Notes of proceedings and records of cases in respect of judgments are kept for the purpose of appeal and execution of judgments. This matter is also applied in the Syariah Courts in Malaysia through the approach outlined by the laws and the practice directions of the Syariah Courts. The implementation of judgment writing by Syariah Judges in Malaysia has been transformed through the e-Bicara application of the e-Syariah system and it is in line with the Fiqh al-Qaḍā ’approach.

PENDEKATAN RESTORATIVE JUSTICE DALAM MELINDUNGI KORBAN KEKERASAN SEKSUAL

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.

Still Standing: Innocence work in England and Wales

This article examines the two categories that have evolved in the literature concerning Innocence Projects; the pedagogical value of innocence work and the problems with associating the term innocence with the English criminal justice process. This research draws upon a study undertaken in 2017 by the Innocence Project London (unpublished) and another in 2020. Both studies sought to understand the extent to which organisations are undertaking innocence work in England and Wales. This research is written from the perspective of the Directors of both the Innocence Project London and Manchester Innocence Project, and as a result, the projects are discussed at length in various sections. An effort has been made however, to discuss other organisations that undertake similar work in various parts of this article.

Justice Performed: The Normative, Transformative, and Proleptic Dimensions of the Restorative Justice Ritual

<p>As William Everett notes, “Symbols and rituals are indispensable for our efforts to contain, transform, and resolve conflicts.” For this reason, the performance of justice is highly ritualized. Two contemporary examples of this performance are the mainstream criminal trial and the restorative justice conference, each of which has a distinct ritual structure. This thesis explores these two ritual structures and how they fulfill, or fail to fulfill, the multifaceted human need for justice. By employing ritual theory in respect to these two justice performances, an analytical framework will be developed that describes how each ritual’s process affects its function. Theories of ritual are specifically concerned with the functions that rituals have in society. This thesis proffers three dominant ritual functions related to the performance of justice: the normative, the transformative, and the proleptic. Rituals have a normative function when they provide a sense of safety and security through establishing a set way of doing things and reaffirming communal values. Transformative rituals offer a means of attaining significant and sustainable change at personal and relational levels. Proleptic rituals are capable of envisioning and temporarily creating a different possible societal future by generating social and power relationships that can challenge the status quo. Not every ritual performance is oriented to achieving these various functions, yet it will be argued that the nature of justice demands attention to all three. This thesis applies this analytical framework of the various functions of rituals to two justice performances: the criminal trial and restorative justice. It proposes that while the criminal trial fulfills the normative function through upholding laws and associated values, it commonly falls short of creating the conditions for personal or relational transformation, nor does it anticipate a future where a greater measure of justice is achieved. By contrast, it is common for restorative justice conferences to result in transformative outcomes for participants and to provide a foretaste of a more just social order, inasmuch as they subvert hegemonic power arrangements. By advancing our understanding of the ritualistic features of justice, this thesis can help to answer three prominent questions that have beleaguered the restorative justice field. First, how is the personal and relational transformation apparent in the restorative justice process achieved? This will be addressed through an application of the theories of ritual put forth by Victor Turner and Émile Durkheim to the restorative justice process in order to better understand and describe its transformative function. Second, can restorative justice have a normative impact that satisfies the wider public, particularly in comparison to the criminal trial? This criticism will be considered in light of a normative ritual framework along with the alternative structures that have been suggested to remedy this issue. Finally, given its primary focus on making amends at an interpersonal level, does restorative justice routinely fail to address larger, structural injustices? By examining the expansion of restorative justice from a justice reform mechanism to a wider social movement, I will argue that the proleptic function of the restorative justice ritual has played a key role in this expansion by temporarily creating a “restorative society in miniature” that participants often emerge with a desire to experience again and extend to others, thereby enlarging the original scope of the restorative justice intervention.</p>

Justice Performed: The Normative, Transformative, and Proleptic Dimensions of the Restorative Justice Ritual

<p>As William Everett notes, “Symbols and rituals are indispensable for our efforts to contain, transform, and resolve conflicts.” For this reason, the performance of justice is highly ritualized. Two contemporary examples of this performance are the mainstream criminal trial and the restorative justice conference, each of which has a distinct ritual structure. This thesis explores these two ritual structures and how they fulfill, or fail to fulfill, the multifaceted human need for justice. By employing ritual theory in respect to these two justice performances, an analytical framework will be developed that describes how each ritual’s process affects its function. Theories of ritual are specifically concerned with the functions that rituals have in society. This thesis proffers three dominant ritual functions related to the performance of justice: the normative, the transformative, and the proleptic. Rituals have a normative function when they provide a sense of safety and security through establishing a set way of doing things and reaffirming communal values. Transformative rituals offer a means of attaining significant and sustainable change at personal and relational levels. Proleptic rituals are capable of envisioning and temporarily creating a different possible societal future by generating social and power relationships that can challenge the status quo. Not every ritual performance is oriented to achieving these various functions, yet it will be argued that the nature of justice demands attention to all three. This thesis applies this analytical framework of the various functions of rituals to two justice performances: the criminal trial and restorative justice. It proposes that while the criminal trial fulfills the normative function through upholding laws and associated values, it commonly falls short of creating the conditions for personal or relational transformation, nor does it anticipate a future where a greater measure of justice is achieved. By contrast, it is common for restorative justice conferences to result in transformative outcomes for participants and to provide a foretaste of a more just social order, inasmuch as they subvert hegemonic power arrangements. By advancing our understanding of the ritualistic features of justice, this thesis can help to answer three prominent questions that have beleaguered the restorative justice field. First, how is the personal and relational transformation apparent in the restorative justice process achieved? This will be addressed through an application of the theories of ritual put forth by Victor Turner and Émile Durkheim to the restorative justice process in order to better understand and describe its transformative function. Second, can restorative justice have a normative impact that satisfies the wider public, particularly in comparison to the criminal trial? This criticism will be considered in light of a normative ritual framework along with the alternative structures that have been suggested to remedy this issue. Finally, given its primary focus on making amends at an interpersonal level, does restorative justice routinely fail to address larger, structural injustices? By examining the expansion of restorative justice from a justice reform mechanism to a wider social movement, I will argue that the proleptic function of the restorative justice ritual has played a key role in this expansion by temporarily creating a “restorative society in miniature” that participants often emerge with a desire to experience again and extend to others, thereby enlarging the original scope of the restorative justice intervention.</p>

Protection of participants in a proposed treatment-based alternative to prison for men who have sexually assaulted an adult

<p>This thesis examines the proposed “treatment track” for men who have sexually assaulted an adult. The treatment track would offer community-based rehabilitation as an alternative to imprisonment when a perpetrator pleads guilty and is assessed as suitable for entry. It has the potential to increase reporting of sexual assaults of adults, decrease attrition in the processing of those complaints, provide a less distressing experience for complainants, and reduce reoffending. The treatment track has broad public support in principle, but work is required to develop the idea into a model and assess its feasibility. In this thesis, I consider whether the treatment track – as part of the criminal justice process – could offer sufficient protection for the liberties of its potential and actual participants. I use Roberts’ discussion of penal minimalism as a theoretical framework, which has not been applied to alternative ways of resolving offending before. I conclude that the treatment track could not yet fulfil the requirements of penal minimalism. Overall, the thesis advances the development of fair and effective alternative resolutions of serious offending. It does this by considering how one such alternative could be designed so that it respects fundamental liberties, developing sentencing theory to make it applicable to this new context, and by proposing an empirical research agenda guided by the requirements of penal minimalism. The thesis argues the following: The first condition of penal minimalism is that the state’s preventive duty should be exercised only where there is sufficiently serious harm to warrant intervention by the criminal justice process. In this context, it must be established that sexual recidivism is a serious enough problem to warrant intervention with legally-mandated, potentially intrusive treatment and risk management measures. Official conviction rates suggest no pressing need for more widely available treatment to reduce recidivism by men convicted of sexually assaulting an adult. I argue, however, that the self-report literature on undetected perpetration and the under-reporting and attrition figures in sexual cases indicate that repeat sexual violence perpetration (both by men whose offending currently results in a conviction and those whose offending has not been formally detected) is a serious problem requiring intervention, thus fulfilling the first condition of penal minimalism. The second condition of penal minimalism is that the proposed reform is likely to be effective in preventing the identified harm. I argue that the treatment track could reduce sexual recidivism if it achieved either of two things. First, it could bring into the criminal justice process perpetrators of sexual violence who are likely to reoffend without intervention and with whom there would not otherwise be any intervention to reduce their risk of reoffending. Secondly, the treatment track could reduce reoffending by men who would currently be convicted of a sexual offence and imprisoned, more effectively than current sentencing and correctional practice. I synthesise the various relevant bodies of empirical evidence to try to answer these questions, highlighting the wide gaps in knowledge that mean it cannot be concluded that the treatment track would be effective in reducing sexual reoffending. The third condition of penal minimalism is that the proposed reform should not infringe unduly on the liberties of the accused/offender. I focus on whether the treatment track could be designed to be equivalent in severity to the sentence of imprisonment that would otherwise be imposed. I develop the theory on the principle of proportionality to accommodate resolutions such as the treatment track which are restorative and/or treatment-based, and argue that it is possible for the treatment track and a sentence of imprisonment to be of equivalent severity. I then consider whether, despite equivalence in severity, the treatment track could coerce potential participants into pleading guilty and accepting psychological treatment, both interferences with their liberty.</p>

Protection of participants in a proposed treatment-based alternative to prison for men who have sexually assaulted an adult

<p>This thesis examines the proposed “treatment track” for men who have sexually assaulted an adult. The treatment track would offer community-based rehabilitation as an alternative to imprisonment when a perpetrator pleads guilty and is assessed as suitable for entry. It has the potential to increase reporting of sexual assaults of adults, decrease attrition in the processing of those complaints, provide a less distressing experience for complainants, and reduce reoffending. The treatment track has broad public support in principle, but work is required to develop the idea into a model and assess its feasibility. In this thesis, I consider whether the treatment track – as part of the criminal justice process – could offer sufficient protection for the liberties of its potential and actual participants. I use Roberts’ discussion of penal minimalism as a theoretical framework, which has not been applied to alternative ways of resolving offending before. I conclude that the treatment track could not yet fulfil the requirements of penal minimalism. Overall, the thesis advances the development of fair and effective alternative resolutions of serious offending. It does this by considering how one such alternative could be designed so that it respects fundamental liberties, developing sentencing theory to make it applicable to this new context, and by proposing an empirical research agenda guided by the requirements of penal minimalism. The thesis argues the following: The first condition of penal minimalism is that the state’s preventive duty should be exercised only where there is sufficiently serious harm to warrant intervention by the criminal justice process. In this context, it must be established that sexual recidivism is a serious enough problem to warrant intervention with legally-mandated, potentially intrusive treatment and risk management measures. Official conviction rates suggest no pressing need for more widely available treatment to reduce recidivism by men convicted of sexually assaulting an adult. I argue, however, that the self-report literature on undetected perpetration and the under-reporting and attrition figures in sexual cases indicate that repeat sexual violence perpetration (both by men whose offending currently results in a conviction and those whose offending has not been formally detected) is a serious problem requiring intervention, thus fulfilling the first condition of penal minimalism. The second condition of penal minimalism is that the proposed reform is likely to be effective in preventing the identified harm. I argue that the treatment track could reduce sexual recidivism if it achieved either of two things. First, it could bring into the criminal justice process perpetrators of sexual violence who are likely to reoffend without intervention and with whom there would not otherwise be any intervention to reduce their risk of reoffending. Secondly, the treatment track could reduce reoffending by men who would currently be convicted of a sexual offence and imprisoned, more effectively than current sentencing and correctional practice. I synthesise the various relevant bodies of empirical evidence to try to answer these questions, highlighting the wide gaps in knowledge that mean it cannot be concluded that the treatment track would be effective in reducing sexual reoffending. The third condition of penal minimalism is that the proposed reform should not infringe unduly on the liberties of the accused/offender. I focus on whether the treatment track could be designed to be equivalent in severity to the sentence of imprisonment that would otherwise be imposed. I develop the theory on the principle of proportionality to accommodate resolutions such as the treatment track which are restorative and/or treatment-based, and argue that it is possible for the treatment track and a sentence of imprisonment to be of equivalent severity. I then consider whether, despite equivalence in severity, the treatment track could coerce potential participants into pleading guilty and accepting psychological treatment, both interferences with their liberty.</p>