PEACE AGREEMENTS NOT IMPLEMENTED IN THE CONTEXT OF RESTORATIVE JUSTICE: A LEGAL REVIEW OF MAJOR REGULATION NUMBER 1 OF 2024
Keywords:
Crimina, Perma 1 of 2024, restorative justice, implementation of peace agreement, recoveryAbstract
The Supreme Court issued Supreme Court Regulation Number 1 of 2024 to address the legal vacuum regarding guidelines for adjudication based on restorative justice within the Supreme Court and lower courts. In an effort to fill the legal vacuum, Regulation 1 of 2024, on the other hand, allows new problems to arise. There are legal loopholes that can be exploited by irresponsible parties due to the lack of regulations regarding follow-up actions if a peace agreement is not implemented. This study aims to analyze the validity of the issuance of direct decisions that can be implemented in small claims court cases through a legal aspect. The research method used is normative juridical with a normative legal research approach and a conceptual approach. The data used include relevant laws and regulations, court decisions, and relevant legal literature. The results of this study indicate that the absence of follow-up regarding the non-implementation of a peace agreement has several negative impacts, both for victims, perpetrators, and the community. Victims and the community can lose confidence in the effectiveness and fairness of legal processes using a restorative justice approach. Furthermore, the defendant may not be given the opportunity to account for their actions and make reparations to the victim and the community. Therefore, further legal provisions are needed to implement the settlement agreement if it is not implemented.
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References
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