Philosophical Analysis of Restorative Justice: (Amnesty-Abolition) of President Prabowo Against Tom Lembong and Hasto Kristiyanto

This study presents a philosophical analysis of the intersection between restorative justice and criminal law in the context of granting amnesty and abolition by President Prabowo Subianto to Tom Lembong and Hasto Kristiyanto. The primary focus of this study is to evaluate whether these policies are justifiable under a restorative framework, taking into account the principles of accountability, recognition, and reconciliation. Using normative legal research methods and philosophical approaches, this article argues that although amnesty and abolition are legitimate instruments for achieving political stability, their implementation risks eroding accountability if it is not transparent. Its main findings suggest that these actions are not completely restorative because they are top-down and stop the accountability process. However, it can align with restorative principles if a transparent, accountable, and recovery-oriented process accompanies it. This study concludes that the success of the restorative approach lies in the process, which demands public recognition, the participation of affected parties, and a sincere commitment to improvement.

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Publication Details

Journal
JURNAL NAWALA POLITIKA
Published
2025-09-30
DOI
https://doi.org/10.24843/jnp.v3i2.51
Primary Topic
Legal and Policy Analysis in Indonesia
Type
article
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article

Philosophical Analysis of Restorative Justice: (Amnesty-Abolition) of President Prabowo Against Tom Lembong and Hasto Kristiyanto

M. Mukhtasar Syamsuddin Mukhtasar, Agam Ibnu Asa Agam, Marcus Priyo Gunarto Marcus
JURNAL NAWALA POLITIKA
Legal and Policy Analysis in Indonesia
article

Philosophical Analysis of Restorative Justice: (Amnesty-Abolition) of President Prabowo Against Tom Lembong and Hasto Kristiyanto

M. Mukhtasar Syamsuddin Mukhtasar, Agam Ibnu Asa Agam, Marcus Priyo Gunarto Marcus
article en

Abstract

This study presents a philosophical analysis of the intersection between restorative justice and criminal law in the context of granting amnesty and abolition by President Prabowo Subianto to Tom Lembong and Hasto Kristiyanto. The primary focus of this study is to evaluate whether these policies are justifiable under a restorative framework, taking into account the principles of accountability, recognition, and reconciliation. Using normative legal research methods and philosophical approaches, this article argues that although amnesty and abolition are legitimate instruments for achieving political stability, their implementation risks eroding accountability if it is not transparent. Its main findings suggest that these actions are not completely restorative because they are top-down and stop the accountability process. However, it can align with restorative principles if a transparent, accountable, and recovery-oriented process accompanies it. This study concludes that the success of the restorative approach lies in the process, which demands public recognition, the participation of affected parties, and a sincere commitment to improvement.

JURNAL NAWALA POLITIKAVol. 3(2)
Universitas Gadjah Mada (ID)
Openalex Percentile: Top 58%
Legal and Policy Analysis in Indonesia
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