Assessment Techniques and Relation Culture: As a Basis for Restorative Justice Decision Making for Elderly Criminals
| dc.contributor.author | Tukino | |
| dc.date.accessioned | 2024-09-19T10:54:33Z | |
| dc.date.available | 2024-09-19T10:54:33Z | |
| dc.date.issued | 2024-06-16 | |
| dc.description | The application of criminal law to the elderly must take into account their vulnerable physical and psychological conditions, considering that prison is often ineffective and can even worsen their condition. The restorative justice approach has emerged as a more humane solution, focusing on restoration and rehabilitation rather than retributive punishment. Restorative justice takes into account factors such as the age , health and financial capacity of the elderly, and provides alternatives such as mediation and compensation to address the violations committed. By prioritizing fair and proportionate solutions, this approach supports the protection of the rights of the elderly and ensures that justice is served in a more inclusive and restorative manner , rather than simply punishment. Relation culture-based assessment techniques play a crucial role in determining restorative justice decisions for the elderly, by offering a comprehensive and sensitive approach to the cultural context and social relationships of the individual. This technique allows for a deeper understanding of the cultural norms and values that influence the behavior of the elderly, as well as the adjustment of the restorative justice process to suit local customs and traditions. This is important to ensure that decisions taken reflect and respect the cultural values of the elderly, resulting in a just and meaningful conflict resolution. In addition, this assessment technique also assesses the social relationships of older people with their families and communities, ensuring that decisions taken take into account the impact on older people's social networks and support effective rehabilitation and reintegration. Evaluation of the health and well-being of the elderly is also an important aspect, to ensure that restorative justice decisions are realistic and support the quality of life of the elderly without worsening their health conditions. Culturally sensitive rehabilitation programs play an important role in ensuring that the reintegration process of the elderly into society runs smoothly and is in accordance with their cultural identity. By integrating cultural elements into rehabilitation programs, the elderly feel valued and supported in a way that is relevant to their cultural background, strengthening social integration and reducing the risk of rejection. | |
| dc.description.abstract | Elderly as a vulnerable group require a special approach in the legal process that considers humanitarian, health, and social aspects. Restorative justice offers an alternative solution outside the conventional justice system with a focus on restoring social relationships and rehabilitation. This study aims to analyze the use of assessment techniques and relational culture as a basis for decision-making in the application of restorative justice for elderly criminals. This study uses a qualitative approach with a descriptive method. The results of the study indicate that the application of criminal law to the elderly requires special attention to their vulnerable physical and psychological conditions, considering that prisons are often ineffective and can even worsen their condition. The restorative justice approach is considered a more humane solution, focusing on recovery and rehabilitation rather than retributive punishment. This approach takes into account the age, health, and financial capabilities of the elderly and offers alternatives such as mediation and compensation, with the aim of ensuring a fair and proportional settlement. Relational culture-based assessment techniques play an important role in restorative justice decisions, by providing an in-depth understanding of the cultural norms and social relationships of the elderly. This technique helps adapt the restorative justice process to local customs, pay attention to the impact of decisions on the elderly's social networks, and ensure that decisions support the rehabilitation and social integration of the elderly | |
| dc.identifier.issn | 1948-9137, e-ISSN: 2162-2752 | |
| dc.identifier.uri | https://repository.poltekesos.ac.id/handle/123456789/1006 | |
| dc.language.iso | en | |
| dc.relation.ispartofseries | 16 (1), 2024; 1 | |
| dc.subject | Assessment Technique | |
| dc.subject | Relational Culture | |
| dc.subject | Restorative Justice | |
| dc.subject | Elderly Criminal Law | |
| dc.subject | Legal Decisions | |
| dc.title | Assessment Techniques and Relation Culture: As a Basis for Restorative Justice Decision Making for Elderly Criminals | |
| dc.type | Article |