RESTORATIVE JUSTICE AND THE EXECUTION OF FIDUCIARY GUARANTEES: REINTERPRETING POLICE INVOLVEMENT IN CIVIL LAW ENFORCEMENT
Mohamad Aris, Budi Santoso, Yunanto
Abstract
The execution of fiduciary guarantees is formally situated within civil law, yet in practice it frequently involves police participation under the justification of maintaining public order or providing security assistance. This practice has blurred the boundary between private law enforcement and criminal policing, raising concerns regarding legality, proportionality, and the protection of rights. This study examines how police-led restorative justice can be legitimately integrated into civil law enforcement of fiduciary guarantees within the framework of the rule of law.
Keywords: Restorative Justice; Fiduciary Guarantees; Police Involvement; Civil Law Enforcement; Rule of Law
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