Pujo Raharjo, Jatmiko (2025) Optimalisasi Pidana Bersyarat Melalui Penerapan Keadilan Restoratif. Other thesis, Universitas Islam Riau.

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Abstract

The high level of overcapacity in correctional facilities in Indonesia has led to various problems that raise doubts about the effectiveness of prison sentences, particularly for those with short-term sentences in terms of rehabilitation. The proliferation of viral phenomena related to criminal case resolutions using restorative justice approaches has initiated the issuance of various regulations within the criminal justice system in Indonesia, indicating that restorative justice is a current need and aspiration of society. This situation has demonstrated the urgency of using non-custodial penal institutions, one of which is the conditional sentence. However, in reality, conditional sentence are rarely used by judges, making imprisonment the preferred choice in criminal justice practices in Indonesia. The main problem in this research is the relevance and effectiveness of using conditional sentence, as well as efforts to optimize their use as a means of implementing restorative justice in criminal justice practices in Indonesia. The research method used is an empirical juridical approach, which is based on the actual condition that occurs in society and is analyzed to find solutions to the problems. The results of this research are presented descriptively and analytically, elaborating on the facts regarding the use of conditional sentencein criminal justice practices in Indonesia, which are related to the urgency of implementing restorative justice and connected to literature studies. Conditional sentence can be used as a means of implementing restorative justice by judges in criminal justice practices in Indonesia because they encompass the basic principles and main values of restorative justice in the application of specific conditions. The use of conditional sentence has not been effectively implemented in criminal justice practices in Indonesia, both in terms of feasibility and usefulness, thus requiring efforts for optimization to make the use of conditional sentence more productive and supportive of the implementation of restorative justice in criminal justice practices in Indonesia. Keywords: Conditional Sentence, Restorative Justice, Spesific Conditions in Conditional Sentence.

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