Penyelesaian Perkara Pidana di Luar Pengadilan Berdasarkan Asas Ultimum Remedium
Abstrak
The principle of ultimum remedium states that criminal sanctions must be used as a last resort after all other legal remedies have been exhausted. This principle is not explicitly regulated in the Indonesian Criminal Procedure Law or other criminal law regulations in several jurisdictions. Although this principle is recognized as a general principle in the philosophy of criminal law, its application is only a slogan in practice. A shift in criminal law enforcement's view of minor cases makes it possible to consider a more restorative approach. Rather than immediately resorting to formal justice processes and the use of criminal sanctions, law enforcement can prioritize a more collaborative approach, which considers the needs of all parties involved. Although not explicitly regulated in the Criminal Procedure Code, restorative justice practices are increasingly being applied in criminal law enforcement in various countries. Thus, restorative justice provides a more humane and sustainable alternative in dealing with criminal conflicts.
Penulis (1)
Yuni Ginting
Akses Cepat
- Tahun Terbit
- 2024
- Bahasa
- en
- Total Sitasi
- 4×
- Sumber Database
- Semantic Scholar
- DOI
- 10.64843/prolev.v2i1.32
- Akses
- Open Access ✓