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.
Authors
- Syaifullah Noor
- Kamil Ismail Banapon
- Tamboa Ketum Levis
Institutions
- Université de Dschang (CM)
- Universitas Dharmas Indonesia (ID)
- Universitas Islam Malang (ID)
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