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Scholars International Journal of Law, Crime and Justice (SIJLCJ)
Volume-6 | Issue-12 | 657-663
Original Research Article
The Penalty System for Minor Crime in Realizing the Values of Pancasila Justice
Erwin Indrapraja, Anis Mashdurohatun, Sri Endah Wahyuningsih
Published : Dec. 30, 2023
DOI : DOI: 10.36348/sijlcj.2023.v06i12.010
Abstract
Minor crimes can still be handled using the concept of a restorative justice approach. Restorative justice has an implementation method by means of penal mediation or by diversion of criminal acts. Penal mediation is used in handling ordinary crimes, in the sense that it is carried out by adults, while the use of diversion is carried out in cases involving children and is in the Children's Court. The problem in this research is how the punishment system for minor crimes is based on Pancasila justice. The research method uses a constructivist paradigm, with a social legal research approach method, and a descriptive research type. Types and sources of data use secondary materials in the form of primary legal materials, secondary legal materials and tertiary legal materials. Data collection methods use literature and qualitative analysis methods. The results of the research are that the punishment system for minor crimes is not yet fair, legal action is still carried out procedurally. One effort that can be made is a policy approach to resolving minor crimes (Tipiring) through restorative justice; so it is necessary to reconstruct the Regulations on Light Crimes Based on Pancasila Justice, namely in the Criminal Procedure Code (KUHAP), in Article 205 Paragraph 1 and the Republic of Indonesia Prosecutor's Regulation Number 15 of 2020 concerning Termination of Prosecution.
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