RECONSTRUCTING THE VICTIM’S POSITION IN RESTORATIVE JUSTICE THROUGH THE PRINCIPLE OF VOLUNTARINESS
Keywords:
restorative justice, victims, principle of voluntarinessAbstract
Victims should be protected by the criminal justice system and have a bargaining position in the law enforcement process. The purpose of this paper is to reconstruct the victim's position as an active legal subject through the principle of voluntariness in the criminal justice system. The method used is normative juridical with a statutory approach. The results of the study indicate that the ideal reconstruction begins with a reinterpretation of the principle of voluntariness, which states not simply that "victims are not forced" but rather that "victims have the full capacity to initiate, shape, and reject the process." Victims must be given the status of a truly active legal subject; only then can restorative justice function as intended: restoration, not merely resolution.
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Copyright (c) 2026 Dimas Supriyadi, Salman Ibrahimsyah (Author)
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