Distorted Practice of Restorative Justice in the Enforcement of Criminal Law in Indonesia

Restorative Justice (RJ) as an alternative mechanism for resolving criminal cases aims to restore relationships between offenders and victims through mediation and peaceful agreements. However, the implementation of RJ in Indonesia often deviates from its foundational principles, potentially turning into a form of transactional justice. This study employs a normative legal analysis method combined with case studies of a 2023 rape case in the Ministry of Cooperatives and SMEs and a school arson case in Garut involving Munir Alamsyah. The approach includes statutory review and conceptual analysis of Restorative Justice principles. The findings reveal that weak oversight, regulatory gaps, and lenient interpretations render RJ vulnerable to misuse, often sidelining victims’ rights and resulting in substantive injustice. This paper concludes that the application of RJ in Indonesia requires stricter supervision and regulatory reform to prevent misuse and ensure the protection of victims rights.

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Publication Details

Journal
Peradaban Hukum Nusantara
Published
2025-06-28
DOI
https://doi.org/10.62193/ze7dhp98
Primary Topic
Indonesian Legal and Regulatory Studies
Type
article
Field-Weighted Citation Impact
0.00
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article

Distorted Practice of Restorative Justice in the Enforcement of Criminal Law in Indonesia

Syaifullah Noor, Kamil Ismail Banapon, Tamboa Ketum Levis
Peradaban Hukum Nusantara
Indonesian Legal and Regulatory Studies
article

Distorted Practice of Restorative Justice in the Enforcement of Criminal Law in Indonesia

Syaifullah Noor, Kamil Ismail Banapon, Tamboa Ketum Levis
article en

Abstract

Restorative Justice (RJ) as an alternative mechanism for resolving criminal cases aims to restore relationships between offenders and victims through mediation and peaceful agreements. However, the implementation of RJ in Indonesia often deviates from its foundational principles, potentially turning into a form of transactional justice. This study employs a normative legal analysis method combined with case studies of a 2023 rape case in the Ministry of Cooperatives and SMEs and a school arson case in Garut involving Munir Alamsyah. The approach includes statutory review and conceptual analysis of Restorative Justice principles. The findings reveal that weak oversight, regulatory gaps, and lenient interpretations render RJ vulnerable to misuse, often sidelining victims’ rights and resulting in substantive injustice. This paper concludes that the application of RJ in Indonesia requires stricter supervision and regulatory reform to prevent misuse and ensure the protection of victims rights.

Peradaban Hukum NusantaraVol. 2(1)
Université de Dschang (CM), Universitas Dharmas Indonesia (ID), Universitas Islam Malang (ID)
Openalex Percentile: Top 82%
Indonesian Legal and Regulatory Studies
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Distorted Practice of Restorative Justice in the Enforcement of Criminal Law in Indonesia — Syaifullah Noor, Kamil Ismail Banapon, et al. · Peradaban Hukum Nusantara (2025) | TGRS Research Map | TGRS