Comparison of Restorative Justice Implementation in Indonesia, Usa, Germany, Poland and Switzerland

Abstract

Purpose: The purpose of this research is to compare and contrast the utilization of penal mediation within the criminal justice system as an implementation of restorative justice. Theoretical framework: The perpetrator may be required to participate in a structured employment initiative to accumulate funds to fulfill their financial obligation towards restitution. Methods: The research methodology employs statutory-based normative legal research utilizing secondary data sources in the form of legal materials. Results and Conclusion: The findings indicated that penal mediation is implemented in Indonesia for trivial offenses, juveniles involved in legal proceedings, and first-time offenders. Furthermore, within the United States, penal mediation is implemented at the state level. This is achieved through various means such as community panels, restitution programs, victim awareness education, alternative school expulsion alternatives, diversion programs, and victim and offender mediation. Research implications: Furthermore, in Poland, penal mediation is implemented for offenses carrying a maximum sentence of five years in prison. Following the conclusion of the penal mediation process, both the agreement's outcomes are monitored, and a rationale for the dismissal of the prosecution is established. Originality/value: In contrast, Switzerland practices penal mediation due to the lack of empirical evidence supporting the efficacy of incarceration. The procedure of restorative justice is executed using a variety of implementation models.

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