<b>Psychological Recovery of Crime Victims within Contemporary Restorative Justice: An Islamic Legal Perspective</b>

This article examines the implementation of Restorative Justice (RJ) in Indonesia, focusing on its effectiveness in addressing victims' psychological recovery. Although RJ has been formally incorporated into national regulations, including Supreme Court Regulation (Perma) No. 1 of 2024 and Prosecutor's Regulation No. 15 of 2020, its practical application often prioritises procedural settlement over substantive victim healing. This study employs normative legal research, combining legislative, case, and conceptual approaches, to analyse RJ's legal framework and the structural barriers to its implementation. The findings identify several persistent challenges: the absence of mandatory psychological assessments, limited involvement of mental health professionals, weak post-mediation monitoring, and socio-cultural factors such as victim blaming and third-party interference. These obstacles undermine voluntariness, reduce effectiveness, and prevent RJ from fulfilling its intended role in safeguarding victims' rights and recovery. This study contributes to the literature by emphasising the urgent need to integrate psychological recovery mechanisms into RJ practices, supported by stronger legal provisions and institutional innovations. Policy recommendations include revising victim protection regulations, incorporating professional psychological support, and establishing specialised recovery centres. In this way, RJ can be repositioned as a mechanism for dispute resolution and a comprehensive, victim-centred framework for achieving substantive justice in Indonesia.

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Publication Details

Journal
MILRev Metro Islamic Law Review
Published
2025-09-03
DOI
https://doi.org/10.32332/milrev.v4i2.11184
Citations
1
Primary Topic
Legal and Social Justice Studies
Type
article
Field-Weighted Citation Impact
15.98

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article

Psychological Recovery of Crime Victims within Contemporary Restorative Justice: An Islamic Legal Perspective

Moh. Aris Munandar, Muhammad Mukhlis, Audyna Mayasari Muin, Nur Azisa et al.
1 citations
MILRev Metro Islamic Law Review
Legal and Social Justice Studies
15.98
article

Psychological Recovery of Crime Victims within Contemporary Restorative Justice: An Islamic Legal Perspective

Moh. Aris Munandar, Muhammad Mukhlis, Audyna Mayasari Muin, Nur Azisa, Aspalella A. Rahman
article en
1 citations

Abstract

This article examines the implementation of Restorative Justice (RJ) in Indonesia, focusing on its effectiveness in addressing victims' psychological recovery. Although RJ has been formally incorporated into national regulations, including Supreme Court Regulation (Perma) No. 1 of 2024 and Prosecutor's Regulation No. 15 of 2020, its practical application often prioritises procedural settlement over substantive victim healing. This study employs normative legal research, combining legislative, case, and conceptual approaches, to analyse RJ's legal framework and the structural barriers to its implementation. The findings identify several persistent challenges: the absence of mandatory psychological assessments, limited involvement of mental health professionals, weak post-mediation monitoring, and socio-cultural factors such as victim blaming and third-party interference. These obstacles undermine voluntariness, reduce effectiveness, and prevent RJ from fulfilling its intended role in safeguarding victims' rights and recovery. This study contributes to the literature by emphasising the urgent need to integrate psychological recovery mechanisms into RJ practices, supported by stronger legal provisions and institutional innovations. Policy recommendations include revising victim protection regulations, incorporating professional psychological support, and establishing specialised recovery centres. In this way, RJ can be repositioned as a mechanism for dispute resolution and a comprehensive, victim-centred framework for achieving substantive justice in Indonesia.

MILRev Metro Islamic Law ReviewVol. 4(2)
Institut Agama Islam Negeri Bengkulu (ID), Northern University of Malaysia (MY), Hasanuddin University (ID)
Universitas Hasanuddin
Openalex Percentile: Top 2%
Legal and Social Justice Studies
15.98
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