Restorative Justice in Homicide Cases: Opportunities and Challenges

Authors

  • Jumra Univaersitas Andi Sudirman
  • Gustika Sandra Universitas Andi Sudirman
  • Mukhawas Rasyid Universitas Andi Sudirman
  • Agustafa Universitas Andi Sudirman

DOI:

https://doi.org/10.59065/jissr.v4i1.156

Keywords:

Restorative Justice, Homicides, Opportunities, Challenges, Indonesia

Abstract

Restorative justice is an alternative approach to the criminal justice system that focuses on restoring relationships between offenders, victims and society rather than simply punishment. This research aims to explore the application of restorative justice in murder cases, assessing the extent to which the concept can be applied and its effectiveness in the Indonesian criminal law context. In this discussion, possible opportunities for the application of restorative justice are examined, such as the potential for victim recovery and offender reintegration into society. However, major challenges are also identified, including normative barriers in the law, resistance from law enforcement officials, and social and cultural constraints. This study uses a qualitative approach with juridical analysis of murder cases in Indonesia that consider aspects of restorative justice. The results showed that although restorative justice offers much potential to improve the justice system, its application in homicide cases requires significant legal reform, education and training of law enforcement officers, and a paradigm shift in society. In conclusion, while restorative justice has opportunities to be applied in homicide cases, the challenges present require a holistic approach to ensure effective implementation.

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References

Bolitho, J. (2015). Putting justice needs first: A case study of best practice in restorative justice. Restorative Justice, 3(2), 256–281.

Chan, J., Bolitho, J., & Bargen, J. (2015). Restorative justice as an innovative response to violence. Available at SSRN 3439193.

Daly, K. (2017). Restorative justice: The real story. In Restorative Justice (pp. 85–109). Routledge.

Elias, R. A. (2015). Restorative justice in domestic violence cases. DePaul J. Soc. Just., 9, 67.

Eschholz, S., Reed, M. D., Beck, E., & Leonard, P. B. (2003). Offenders’ family members’ responses to capital crimes: The need for restorative justice initiatives. Homicide Studies, 7(2), 154–181.

Grunewald, K. F., & Nath, P. (2002). Defense-Based Victim Outreach: Restorative Justice in Capital Cases. Cap. Def. J., 15, 315.

Hermann, D. H. J. (2017). Restorative justice and retributive justice: An opportunity for cooperation or an occasion for conflict in the search for justice. Seattle J. Soc. Just., 16, 71.

Hudson, B. (2017). Restorative justice: The challenge of sexual and racial violence. In Restorative Justice (pp. 385–404). Routledge.

Lanni, A. (2021). Taking restorative justice seriously. Buff. L. Rev., 69, 635.

Reimund, M. E. (2004). The Law and Restorative Justice: Friend or Foe-A Systemic Look at the Legal Issues in Restorative Justice. Drake L. Rev., 53, 667.

Roche, D. (2006). Dimensions of restorative justice. Journal of Social Issues, 62(2), 217–238.

Sivasubramaniam, D. (2012). A special issue on restorative justice: unravelling the mystery. In Critical Criminology (Vol. 20, pp. 1–7). Springer.

Umbreit, M. S., & Armour, M. P. (2011). Restorative justice and dialogue: Impact, opportunities, and challenges in the global community. Wash. UJL & Pol’y, 36, 65.

Walgrave, L. (2019). Restorative Justice in Severe Times: Threatened or an Opportunity? New Criminal Law Review, 22(4), 618–644.

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Published

2024-01-29

How to Cite

Jumra, Sandra, G., Rasyid, M., & Agustafa. (2024). Restorative Justice in Homicide Cases: Opportunities and Challenges. Journal of Indonesian Scholars for Social Research, 4(1), 73–77. https://doi.org/10.59065/jissr.v4i1.156

Issue

Vol. 4 No. 1 (2024): JISSR

Section

Articles

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Copyright (c) 2023 Jumra, Gustika Sandra, Mukhawas Rasyid, Agustafa

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