Restorative model: The alternative justice response to the victims of sexual violence

Adversarial justice system seems to focus on punishing the sexual offender without adequately repositioning sexual crimes victims. There is the need to redefine the role of sexual crime victims by giving them a voice in outcome of judicial process through alternative justice models. Although the Cri...

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Main Author: Mohamad Yunus, Mohamad Ismail
Format: Article
Language:English
Published: Faculty of Law, Lampung University, Indonesia 2017
Subjects:
Online Access:http://irep.iium.edu.my/60399/
http://irep.iium.edu.my/60399/1/Restorative%20Model%20-%20Fiat%20Justisia.pdf
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author Mohamad Yunus, Mohamad Ismail
author_facet Mohamad Yunus, Mohamad Ismail
author_sort Mohamad Yunus, Mohamad Ismail
building IIUM Repository
collection Online Access
description Adversarial justice system seems to focus on punishing the sexual offender without adequately repositioning sexual crimes victims. There is the need to redefine the role of sexual crime victims by giving them a voice in outcome of judicial process through alternative justice models. Although the Criminal Procedure Code recognises the discretionary powers of the court to grant compensation, the court order the offenders to pay restitution to the victim. This article seeks to examine the victim compensation under criminal justice administration and recommend a legal framework for alternative justice models for sexual crimes offences. The article will recommend mechanisms for alternative justice suitable for the administration of justice in Malaysia. The alternative justice response is restorative justice, model which will give effect through compensation or restitution. It is also proposed for the establishment of the Victim Compensation Scheme (VCS) to be set up and administered under the Malaysian Criminal Procedure Code.
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spelling iium-603992018-01-12T01:29:24Z http://irep.iium.edu.my/60399/ Restorative model: The alternative justice response to the victims of sexual violence Mohamad Yunus, Mohamad Ismail K Law (General) KD England and Wales KPG Malaysia Adversarial justice system seems to focus on punishing the sexual offender without adequately repositioning sexual crimes victims. There is the need to redefine the role of sexual crime victims by giving them a voice in outcome of judicial process through alternative justice models. Although the Criminal Procedure Code recognises the discretionary powers of the court to grant compensation, the court order the offenders to pay restitution to the victim. This article seeks to examine the victim compensation under criminal justice administration and recommend a legal framework for alternative justice models for sexual crimes offences. The article will recommend mechanisms for alternative justice suitable for the administration of justice in Malaysia. The alternative justice response is restorative justice, model which will give effect through compensation or restitution. It is also proposed for the establishment of the Victim Compensation Scheme (VCS) to be set up and administered under the Malaysian Criminal Procedure Code. Faculty of Law, Lampung University, Indonesia 2017-12-15 Article PeerReviewed application/pdf en http://irep.iium.edu.my/60399/1/Restorative%20Model%20-%20Fiat%20Justisia.pdf Mohamad Yunus, Mohamad Ismail (2017) Restorative model: The alternative justice response to the victims of sexual violence. FIAT JUSTISIA, II (1). pp. 65-85. ISSN 1978-5186 E-ISSN 2477-6238 htt://jurnal.fh.unila.ac.id/index.php/fiat
spellingShingle K Law (General)
KD England and Wales
KPG Malaysia
Mohamad Yunus, Mohamad Ismail
Restorative model: The alternative justice response to the victims of sexual violence
title Restorative model: The alternative justice response to the victims of sexual violence
title_full Restorative model: The alternative justice response to the victims of sexual violence
title_fullStr Restorative model: The alternative justice response to the victims of sexual violence
title_full_unstemmed Restorative model: The alternative justice response to the victims of sexual violence
title_short Restorative model: The alternative justice response to the victims of sexual violence
title_sort restorative model: the alternative justice response to the victims of sexual violence
topic K Law (General)
KD England and Wales
KPG Malaysia
url http://irep.iium.edu.my/60399/
http://irep.iium.edu.my/60399/
http://irep.iium.edu.my/60399/1/Restorative%20Model%20-%20Fiat%20Justisia.pdf