Termination of Prosecution Based on Restorative Justice in the Settlement of Conventional Gambling Crimes in Indonesia
Journal Title: International Journal of Social Science And Human Research - Year 2024, Vol 7, Issue 04
Abstract
This study aims to determine the application of restorative justice principles in the settlement of gambling crimes. The proposed formulation of the problem contains: Why does restorative justice need to be used in the settlement of gambling crimes? and What are the stages of restorative justice in the settlement of gambling crimes in the future? This research includes normative legal research, with data collected based on written regulations and opinions from experts and law enforcement. The results of this study indicate that restorative justice can be applied in the crime of gambling even though it is a victimless crime. Parties that can be carried out restorative justice only target gambling players based on Article 303bis of the Criminal Code based on legal expediency and a sense of justice. Therefore, the implementation of restorative justice emphasizes the benefits to both the state and society. The restorative justice mechanism refers to Prosecutor's Regulation Number 15 of 2020 concerning Termination of Prosecution based on Restorative Justice. This regulation regulates all stages of restorative justice for general offenses. For this reason, prosecutors can terminate prosecution in gambling cases based on restorative justice.
Authors and Affiliations
Meizar Kurniawan Sugio, Eko Soponyono
Keywords
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- EP ID EP733994
- DOI 10.47191/ijsshr/v7-i04-22
- Views 46
- Downloads 0
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