THE IDEAS OF APPLICATION OF RESTORATIVE JUSTICE IN CRIMINAL ACTION WITH THREATS OF PUNISHMENT UNDER THE FIVE YEARS AS A PREVENTION OF OVER CAPACITY FOR RESIDENTS OF RESIDENT AGENCIES

Abstract

Restorative justice is a new idea in law enforcement. The presence of the idea of restorative justice a
form of alternative giving a sense of justice for the crimes as well as a move to prevent over capacity the
correctional institution. Examination the legal problem which is does restorative justice could be applied in the
Indonesian legal system? But how will design a model restorative justice who can be offered to overcome over
capacity the correctional institution in Indonesia? Research is research normative law. The results of the study
found that normatively, restorative justice not been managed in the system criminal law in Indonesian. The
design model restorative justice that can be offered to overcome over capacity of corrective services in
Indonesia is through negotiations for the recovery of victims, actors and community, with reference to the
agreement compensation and others agreement as part of the player recovery by crimes. Therefore, suggestion to
the need of update criminal law of Indonesia by including the application of restorative justice in handling of
crimes threat his sentence under five.
Keywords: over capacity, the correctional institution, restorative justice