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RESTORATIVE JUSTICE FOR THE SETTLEMENT OF CRIMINAL ACTS OF EMPLOYMENT IN TOURSIM SECTOR
I Made Dwi Dinaya

Universitas Warmadewa


Abstract

This study is motivated by the handling of criminal cases with a restorative justice approach that offers different approach and standpoint in comprehending and handling criminal acts. Labor law in the tourism sector with the form of restorative justice is increasingly developing in criminal law, especially those relating to the handling of criminal acts in employment in the tourism sector. The issues highlighted through this study are (1) what are the characteristics of restorative justice in the law enforcement system in Indonesia? (2) How is the restorative justice applied in resolving criminal acts in the tourism sector? The ojective of the study is to uncover the basis of the application of the Restorative Justice in handling criminal cases that occur in labor in the tourism sector. The theories used are Restorative Justice Theory, Justice Theory, and Legal Certainty Theory. This study is designed by employing normative law research method, which are supported by legislative approach and conceptual approach. The core discussion is divided into two. The first is to describe the characteristics of restorative justice in the law enforcement system in Indonesia and, second, to present the information about the system applying restorative justice application in handling the criminal acts in the tourism sector. The conclusion is the restorative justice in the law enforcement system in Indonesia has the character that upholds the harmonization of relations between the perpetrators and victims, between the perpetrators, the families of the victims, and the families of the perpetrators. The justice of restorative justice in the criminal acts in the tourism sector is applied by providing a sense of peace in the process of legal settlement, and guaranteeing the restoration of assets (losses) experienced by victims of criminal acts in the tourism sector.

Keywords: Restorative Justice, Justice and Legal Certainty.

Topic: Law in tourism

Link: https://ifory.id/abstract/dThqfVFxQB79

Conference: 1st International Conference on Tourism, Management and Technology (ICTMT 2019)

Plain Format | Corresponding Author (Mirsa Umiyati)

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