Restorative Justice Policy Analysis in Eradicating Corruption

This study analyzes the application of the principle of restorative justice (RJ) in eradicating corruption in Indonesia, both in the context of current law (ius constitutum) and for the development of future policies (ius constituendum). Through a normative legal approach, this study identifies conflicts of norms and legal principles that hinder the implementation of restorative justice and offers normative solutions to overcome them. The results of the study indicate that the current application of restorative justice is still limited by the retributive legal framework, lack of coordination between institutions, and community resistance. However, restorative justice has the potential to complement the retributive approach by emphasizing the restoration of state losses and social reconciliation. This study recommends a revision of the Corruption Law, the preparation of implementing regulations, and public education to support a more effective implementation of restorative justice.

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Publication Details

Journal
Jurnal Hukum Khaira Ummah
Published
2025-02-13
DOI
https://doi.org/10.30659/jhku.v20i1.43979
Primary Topic
Indonesian Legal and Regulatory Studies
Type
article
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article

Restorative Justice Policy Analysis in Eradicating Corruption

Andi Hamzah
Jurnal Hukum Khaira Ummah
Indonesian Legal and Regulatory Studies
article

Restorative Justice Policy Analysis in Eradicating Corruption

Andi Hamzah
article en

Abstract

This study analyzes the application of the principle of restorative justice (RJ) in eradicating corruption in Indonesia, both in the context of current law (ius constitutum) and for the development of future policies (ius constituendum). Through a normative legal approach, this study identifies conflicts of norms and legal principles that hinder the implementation of restorative justice and offers normative solutions to overcome them. The results of the study indicate that the current application of restorative justice is still limited by the retributive legal framework, lack of coordination between institutions, and community resistance. However, restorative justice has the potential to complement the retributive approach by emphasizing the restoration of state losses and social reconciliation. This study recommends a revision of the Corruption Law, the preparation of implementing regulations, and public education to support a more effective implementation of restorative justice.

Jurnal Hukum Khaira UmmahVol. 20(1)
Openalex Percentile: Top 90%
Indonesian Legal and Regulatory Studies
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