RESTORATIVE JUSTICE IN MILITARY: PENAL MEDIATION IN THE DISPUTE SETTLEMENT OF TRAFFIC ACCIDENT COMMITTED BY INDONESIAN NATIONAL ARMY

Ramlani Lina Sinaulan, rls RESTORATIVE JUSTICE IN MILITARY: PENAL MEDIATION IN THE DISPUTE SETTLEMENT OF TRAFFIC ACCIDENT COMMITTED BY INDONESIAN NATIONAL ARMY. ISSN 00333077

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Abstract

ABSTRACT: This research attempts to introduce and integrate two relatively foreign concepts to each other; paradigm of restorative justice and military justice system. The aim is simple, namely to explore the extent and under what conditions these two routes of adjudication can function side by side without violating core principles of traditional military justice. This goal implies one important point; not all criminal cases that fall under the jurisdiction of military justice can be resolved using a restorative justice approach. The application of restorative justice in the settlement of traffic accident cases committed by TNI soldiers can only be implemented by reforming the three components of the legal system as stated by Lawrence Friedman, namely legal substance, legal structure and legal culture. Operationally, the application of restorative justice can be carried out in 3 (three) stages, namely investigation, prosecution and trial. However, the application of restorative justice at these three stages is not intended to replace the criminal justice system within the military court, because the restorative justice program is basically complementary and not a substitute for the criminal justice system. Keywords: Restorative justice, traffic accident crime, legal system of investigation, prosecution and court.

Item Type:	Article
Divisions:	PASCA SARJANA > S2-Ilmu Hukum
Depositing User:	elibrary @pascajayabaya.ac.id
Date Deposited:	26 Apr 2021 19:17
Last Modified:	26 Apr 2021 19:17
URI:	http://repo.jayabaya.ac.id/id/eprint/711

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