Integration of Investigators as Mediators in Realizing the Proportionality of Restorative Justice as a Right

Abstract Restorative justice has developed as an alternative paradigm in the criminal justice system, emphasizing an approach that prioritizes dialogue and restoration of relationships between victims, perpetrators, and society. This article aims to explore the role of investigators as mediators in realizing the proportionality of restorative justice as a right, taking into account legal, social, and ethical aspects. This study uses a normative juridical approach with a qualitative analysis method, combining literature studies, legal document reviews, and in-depth interviews with legal practitioners and academics. The results of the study show that investigators have a strategic role in integrating the principles of restorative justice through balanced mediation, based on the principle of proportionality. In this context, investigators are required to understand the values of restorative justice, facilitate constructive dialogue, and ensure the protection of the rights of all parties involved. However, the challenges faced include regulatory limitations, institutional resistance, and inadequate mediation skills. To address these challenges, special training for investigators, strengthening regulatory frameworks that support restorative justice, and cross-sectoral collaboration between law enforcement agencies, communities, and legal education institutions are needed. This study concludes that the integration of investigators as mediators not only increases the effectiveness of restorative justice, but also strengthens the legitimacy of the law as an instrument of human rights protection. These findings make an important contribution to the development of a more humane and inclusive criminal law policy, as well as expanding the academic discourse on restorative justice in the context of Indonesian law.

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Publication Details

Journal
Zenodo (CERN European Organization for Nuclear Research)
Published
2025-10-27
DOI
https://doi.org/10.5281/zenodo.17454231
Primary Topic
Legal and Policy Analysis in Indonesia
Type
article
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article

Integration of Investigators as Mediators in Realizing the Proportionality of Restorative Justice as a Right

Zenodo (CERN European Organization for Nuclear Research)
Legal and Policy Analysis in Indonesia
article

Integration of Investigators as Mediators in Realizing the Proportionality of Restorative Justice as a Right

article en

Abstract

Abstract Restorative justice has developed as an alternative paradigm in the criminal justice system, emphasizing an approach that prioritizes dialogue and restoration of relationships between victims, perpetrators, and society. This article aims to explore the role of investigators as mediators in realizing the proportionality of restorative justice as a right, taking into account legal, social, and ethical aspects. This study uses a normative juridical approach with a qualitative analysis method, combining literature studies, legal document reviews, and in-depth interviews with legal practitioners and academics. The results of the study show that investigators have a strategic role in integrating the principles of restorative justice through balanced mediation, based on the principle of proportionality. In this context, investigators are required to understand the values of restorative justice, facilitate constructive dialogue, and ensure the protection of the rights of all parties involved. However, the challenges faced include regulatory limitations, institutional resistance, and inadequate mediation skills. To address these challenges, special training for investigators, strengthening regulatory frameworks that support restorative justice, and cross-sectoral collaboration between law enforcement agencies, communities, and legal education institutions are needed. This study concludes that the integration of investigators as mediators not only increases the effectiveness of restorative justice, but also strengthens the legitimacy of the law as an instrument of human rights protection. These findings make an important contribution to the development of a more humane and inclusive criminal law policy, as well as expanding the academic discourse on restorative justice in the context of Indonesian law.

Zenodo (CERN European Organization for Nuclear Research)
State University of Jakarta (ID), Universitas Ichsan Gorontalo (ID), State University of Gorontalo (ID)
Peace, Justice and strong institutions
Openalex Percentile: Top 31%
Legal and Policy Analysis in Indonesia
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