Pelaksanaan Restorative Justice dalam Penyelesaian Perkara Tindak Pidana Penganiayaan di Wilayah Hukum Kejaksaan Negeri Samarinda

The application of restorative justice in the Indonesian criminal justice system cannot be immediately implemented in all cases, particularly for assault crimes. This is due to limitations in implementation and inhibiting factors that arise in the field. Facts show that some law enforcement officers are still less than optimal in expediting the restorative justice process. This condition creates legal uncertainty and anxiety, especially for prosecutors handling cases. This situation also impacts the prosecutor's position, which could be questioned by superiors and supervisory committees if case resolution does not proceed according to regulations. This study uses a socio-legal research approach to examine two main issues. First, the author analyzes the implementation of restorative justice in resolving assault cases in the jurisdiction of the Samarinda District Attorney's Office. Second, the author identifies obstacles faced in implementing restorative justice in that jurisdiction. Based on the results of the study, 14 cases of assault were handled. Of these, 11 cases were successfully resolved through restorative justice mechanisms, while 3 cases were declared failed. This failure is generally influenced by the failure to meet several important requirements, including: the perpetrator being a recidivist or having previously committed a crime, a sentence exceeding five years, the absence of a peace agreement between the perpetrator and the victim, and the perpetrator's failure to fulfill their obligation to provide compensation. Therefore, it can be concluded that although restorative justice plays a crucial role in achieving a more humane and equitable resolution of cases, its implementation still faces structural and technical obstacles. Consistent efforts by law enforcement and increased understanding of the concept of restorative justice are needed for this mechanism to operate effectively, provide legal certainty, and address the community's need for justice.

Authors

Institutions

Publication Details

Journal
Desentralisasi.
Published
2025-08-22
DOI
https://doi.org/10.62383/desentralisasi.v2i4.1102
Primary Topic
Legal Studies and Policies
Type
article
Field-Weighted Citation Impact
0.00
Controls
|||
ALL TIME
JAN
FEB
MAR
APR
MAY
JUN
JUL
AUG
SEP
OCT
article

Pelaksanaan Restorative Justice dalam Penyelesaian Perkara Tindak Pidana Penganiayaan di Wilayah Hukum Kejaksaan Negeri Samarinda

Insan Tajali Nur, Ansar Fajar Pratama, Ivan Zairani Lisi
Desentralisasi.
Legal Studies and Policies
article

Pelaksanaan Restorative Justice dalam Penyelesaian Perkara Tindak Pidana Penganiayaan di Wilayah Hukum Kejaksaan Negeri Samarinda

Insan Tajali Nur, Ansar Fajar Pratama, Ivan Zairani Lisi
article en

Abstract

The application of restorative justice in the Indonesian criminal justice system cannot be immediately implemented in all cases, particularly for assault crimes. This is due to limitations in implementation and inhibiting factors that arise in the field. Facts show that some law enforcement officers are still less than optimal in expediting the restorative justice process. This condition creates legal uncertainty and anxiety, especially for prosecutors handling cases. This situation also impacts the prosecutor's position, which could be questioned by superiors and supervisory committees if case resolution does not proceed according to regulations. This study uses a socio-legal research approach to examine two main issues. First, the author analyzes the implementation of restorative justice in resolving assault cases in the jurisdiction of the Samarinda District Attorney's Office. Second, the author identifies obstacles faced in implementing restorative justice in that jurisdiction. Based on the results of the study, 14 cases of assault were handled. Of these, 11 cases were successfully resolved through restorative justice mechanisms, while 3 cases were declared failed. This failure is generally influenced by the failure to meet several important requirements, including: the perpetrator being a recidivist or having previously committed a crime, a sentence exceeding five years, the absence of a peace agreement between the perpetrator and the victim, and the perpetrator's failure to fulfill their obligation to provide compensation. Therefore, it can be concluded that although restorative justice plays a crucial role in achieving a more humane and equitable resolution of cases, its implementation still faces structural and technical obstacles. Consistent efforts by law enforcement and increased understanding of the concept of restorative justice are needed for this mechanism to operate effectively, provide legal certainty, and address the community's need for justice.

Desentralisasi.Vol. 2(4)
Mulawarman University (ID)
Openalex Percentile: Top 65%
Legal Studies and Policies
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.