Diversion Model of Death Sentence in the Perspective of Restorative Justice Law Policy

摘要

The optional (alternative) law policies in the death sentence stipulated in the draft of Criminal Code have not adopted the resitutive concept by referring to the principles of restorative justice. The optional nature needs to relate to the legal interests to be protected. The criminal law policies should apply diversion, especially for the application of death sentence that is related to individual legal interests (individuale belengen). The diversion model is aimed at utilizing the law as a means of social engineering. Legal justice is expected to be realized. Restorative justice is very importan and strategic in renewing the system of criminal law. The criminal law policies that are based on restorative justice imply resitution, recovery, and compensation to maintain and preserve the peace in the community life.