Restorative Justice and the Principle of Proportionality in Handling Criminal Acts of Assault

Abstract

The handling of criminal acts of assault often sparks debate regarding the balance between legal certainty, justice, and expediency. Restorative justice is needed as an alternative solution that emphasizes restoration of the situation and protection of the rights of both victims and perpetrators. The application of restorative justice should not be carried out haphazardly. There must be clear criteria, for example, related to the severity of the crime, the victim's willingness, and the good faith of the perpetrator. This is where the principle of proportionality plays a role because it can be used as a measure to determine whether a restorative resolution is effective and fair in a particular case. This study aims to analyze the relationship between the concept of restorative justice and the principle of proportionality in handling cases of assault. The method used is normative legal research with a statutory approach and case studies of several court decisions. The results of the study indicate that the application of the principle of proportionality can provide an objective basis for determining the amount of punishment, while also opening up space for the application of restorative justice principles. Thus, the combination of these two concepts is expected to create law enforcement that is not only repressive, but also prioritizes the restoration of social relations, protection of victims' rights, and reintegration of perpetrators into society.