The Community Restorative Justice Process : Proposed Recommendations Based on Critical Issues and Empirical Case Study

Abstract

This research studies for 1) the community restorative justice of Thailand comparative with international in terms of structure and process paradigm 2) the community restorative justice of Thailand in the current situation and 3) The existence of the development of the community restorative justice in Thailand. This research used documentary studies and qualitative research. Secondary data were collected from several documents related to Thai and international community justice. The Empirical case study was conducted by the formal interview and focus groups at Map Ta Phut Market’s community representative, including chairman, secretary and 18 members. The Critical Issues by The formal interview was conducted with various stakeholders such as judges, government officers and 5 Thai justices professional. Finally, data analysis by content analysis and conclusions of the community restorative justice of Thailand are presented. The results of this research found that 1) Most of the community justice in Thailand are not long-term communities. They are setup to solve specific problem and focus only on the short-term results. Once the short-term goals are reached, these communities are abandoned. 2) Map Ta Phut Market’s community is different from most communities in Thailand. Their community has existed for a long period of time and is focusing on long-term achievements. Map Ta Phut Market’s community manages itself in the form of mediation to reduce conflicts in the area while government will take part in supporting activities, regulatory, and legal knowledge. The private sectors are involved in the community by supporting its activities and balancing the use of natural resources 3) Based on the studies, this research found that prior the court system, the community acts as a defender to resolve problems. During the court process, the government and the community act as facilitators in case of litigation. After the court’s decision, government, community and private sectors act as supporters to help victim and convicted people happily live in the community.