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RESTORATIVE JUSTICE FOR THE CRIMINAL ACTS SETTLEMENT OF EMPLOYEE IN TOURISM SECTOR
I Dewa Gede Atmadja and I Made Dwi Dinaya

UNIVERSITAS WARMADEWA


Abstract

This study is motivated by the criminal cases settlement with a restorative justice approach that offers a different approach and viewpoint in comprehending and criminal acts settlement. Labor law in a tourism sector with the form of restorative justice is increasingly developing in criminal law, especially those relating to the settlement 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 law enforcement system in Indonesia? (2) How is restorative justice implemented in criminal acts settlement in the tourism sector? The objective of the study is to uncover the basis of Restorative Justice enforcement in criminal cases settlement that occur in labor of 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 is supported by the legislative approach and conceptual approach. The core discussion is divided into two. The first, describing the characteristics of restorative justice in law enforcement system in Indonesia and, second, presenting the information about the system applying restorative justice enforcement in the settlement of criminal acts in the tourism sector. The conclusions are the restorative justice in 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 implemented by providing a sense of peace in the legal settlement process, 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/udTrJPeRUzbY

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

Plain Format | Corresponding Author (I Dewa Gede Atmadja)

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