PENERAPAN ASAS EQUALITY BEFORE THE LAW BERDASARKAN KEADILAN RESTORATIF TERHADAP PUTUSAN HAKIM DALAM MENGADILI

Abstract

The principle of equality before the law, as an integral part of the rule of law doctrine that is often applied by developing countries such as Indonesia, is an important key in creating justice, especially in the context of implementing restorative justice in law enforcement in certain cases. Although this concept does not eliminate criminal sanctions, the importance of restoring losses and reconciliation between perpetrators and victims is the main focus in determining the appropriate punishment, which is in line with the principle of the principle of equality before the law. The results of the study are that the principle of equality before the law is used as a reference for standardization in the paradigm of restorative justice law against the judge's decision trying the defendant Galan Julianda Bin Z Bulungan, it is seen that the judge used the teachings of restorative justice as a guideline in sentencing the defendant. The teachings of restorative justice are seen as restoring the relationship between the perpetrator and the victim, as well as an act of atonement by the perpetrator of the crime. The principle of equality before the law as one of the principles in law that is important in implementing the Galan Julianda Bin Z Bulungan Case, the construction of restorative justice in the judge's decision is a significant change in the paradigm of criminal law.