Restorative justice in Indonesian criminal law: Integrating Pancasila values in police discretion practices

Restorative Justice (RJ) has become an alternative approach in criminal law, emphasizing reconciliation and social restoration rather than punitive measures. This study examines the implementation of RJ in Indonesia by integrating Pancasila values, particularly the principles of Just and Civilized Humanity and Social Justice. The research employs a qualitative approach, utilizing a literature review, interviews with law enforcement officers, and case analysis of RJ applications under Indonesian National Police Regulation No. 8 of 2021. The findings reveal that RJ provides a humanistic and rehabilitative approach through mediation and dialogue, reducing the burden on the judicial system and strengthening social cohesion. However, inconsistencies in police discretion, cultural resistance, and a lack of structured training pose significant challenges to its implementation. The study concludes that while RJ aligns with Indonesia's legal and philosophical foundation, it requires legal reinforcement through statutory recognition, enhanced police training programs, and increased public awareness to ensure consistency and effectiveness. This research contributes to the discourse on RJ by demonstrating its potential to harmonize legal certainty with social justice, advocating for a balanced legal framework that integrates Pancasila values into Indonesia's criminal justice system.

Authors

Institutions

Publication Details

Journal
International Journal of Innovative Research and Scientific Studies
Published
2025-03-21
DOI
https://doi.org/10.53894/ijirss.v8i2.5589
Citations
1
Primary Topic
Legal and Policy Analysis in Indonesia
Type
article
Field-Weighted Citation Impact
15.98
Controls
|||
ALL TIME
JAN
FEB
MAR
APR
MAY
JUN
JUL
AUG
SEP
OCT
article

Restorative justice in Indonesian criminal law: Integrating Pancasila values in police discretion practices

Ismawansa Ismawansa, M Ekaputra, Alvi Syahrin, Mohd. Din
1 citations
International Journal of Innovative Research and Scientific Studies
Legal and Policy Analysis in Indonesia
15.98
article

Restorative justice in Indonesian criminal law: Integrating Pancasila values in police discretion practices

Ismawansa Ismawansa, M Ekaputra, Alvi Syahrin, Mohd. Din
article en
1 citations

Abstract

Restorative Justice (RJ) has become an alternative approach in criminal law, emphasizing reconciliation and social restoration rather than punitive measures. This study examines the implementation of RJ in Indonesia by integrating Pancasila values, particularly the principles of Just and Civilized Humanity and Social Justice. The research employs a qualitative approach, utilizing a literature review, interviews with law enforcement officers, and case analysis of RJ applications under Indonesian National Police Regulation No. 8 of 2021. The findings reveal that RJ provides a humanistic and rehabilitative approach through mediation and dialogue, reducing the burden on the judicial system and strengthening social cohesion. However, inconsistencies in police discretion, cultural resistance, and a lack of structured training pose significant challenges to its implementation. The study concludes that while RJ aligns with Indonesia's legal and philosophical foundation, it requires legal reinforcement through statutory recognition, enhanced police training programs, and increased public awareness to ensure consistency and effectiveness. This research contributes to the discourse on RJ by demonstrating its potential to harmonize legal certainty with social justice, advocating for a balanced legal framework that integrates Pancasila values into Indonesia's criminal justice system.

International Journal of Innovative Research and Scientific StudiesVol. 8(2)
Universitas Syiah Kuala (ID), Universitas Sumatera Utara (ID)
Openalex Percentile: Top 3%
Legal and Policy Analysis in Indonesia
15.98
AI Navigator

Ask Laika to Summarize, Analyze, and Connect papers live on the map.

Summarize Papers & Methodologies

Extract key findings, datasets, and comparative methods across publications.

Benchmark Rankings & Visual Analytics

Rank top research institutions, authors, funders, topics, and journals by Field-Weighted Citation Impact (FWCI) and paper volume with instant charts.

Connect Distant Disciplines

Bridge topological clusters on the map to find hidden collaborative intersections.