restorative justice, diversion Restorative Justice for Adults and Minors: A Comparative Study between Indonesia and Thailand

บทคัดย่อ

Indonesia and Thailand, as countries that adopt the civil law legal system, also adopt the principle of Restorative Justice in their criminal law systems. This study aims to determine the comparison of the principle of Restorative Justice in the legal systems of Indonesia and Thailand. The research method used is comparative normative juridical against restorative justice regulations in handling criminal acts in Indonesia and Thailand. The results of this study indicate that: (1) Indonesia has a more assertive and detailed legal basis regarding the application of restorative justice to adult perpetrators, especially in terms of the classification of types of criminal acts that can be subject to this mechanism, compared to Thailand. This condition has the potential to cause legal uncertainty in Thailand due to the lack of clear regulations. (2) Diversion in Thailand uses more formal and procedural terminology, which reflects conformity with the applicable legal mechanisms, in contrast to diversion in Indonesia, which is generally implemented through an informal deliberation process. In addition, diversion in Thailand, known as Family Community Group Conferencing (FCGC), emphasizes the active role of the community in the process of resolving children's cases, thereby strengthening community involvement as an integral part of alternative settlement mechanisms outside the courts.