Restorative Justice in the Indonesian Criminal Justice System

Authors

  • Andi Fahri Hasibuan Panca Budi Development University
  • T. Riza Zarzani Panca Budi Development University

Keywords:

Restorative Justice, Recidivism, Criminal Justice System

Abstract

This study evaluates the implementation of restorative justice in the criminal justice system in Indonesia, especially in terms of its effectiveness in reducing recidivism as well as the perception and acceptance by the community and legal stakeholders. Restorative justice, which emphasizes reconciliation, mediation between perpetrators and victims, and social reintegration, offers a more humanistic approach compared to the traditional justice system that focuses on punishment. The results of the study indicate that restorative justice can significantly reduce the rate of recidivism, especially if supported by effective mediation and good reintegration programs. In addition, victims involved in this process feel more satisfied because they have the opportunity to be heard and understand the results achieved.

However, the implementation of restorative justice in Indonesia still faces various challenges, including diverse perceptions and varying acceptance among the community and legal professionals. In some areas, especially those with local traditions of conflict resolution, restorative justice is more easily accepted. However, in urban areas, this approach is often considered too soft and does not provide sufficient deterrent effects. Other inhibiting factors are the lack of understanding, education, and training among law enforcement, as well as structural barriers that exist in the Indonesian criminal justice system.

The conclusion of this study suggests that to ensure the success of restorative justice in Indonesia, greater efforts are needed to address these barriers. This includes improving supportive regulations, public education, and ongoing training for legal professionals. In this way, restorative justice can be more effectively integrated into the Indonesian criminal justice system.

References

Fitriani, L. (2018). "Victim Satisfaction in the Restorative Justice Process: Case Study in Jakarta." Indonesian Journal of Legal Studies, vol. 16, no. 3, pp. 234-250.

Harkrisnowo, H. (2012). "The Effectiveness of Restorative Justice in the Indonesian Criminal Justice System." Journal of Law and Development, vol. 42, no. 1, pp. 1-18.

Harkrisnowo, H. (2012). "Implementation of Restorative Justice in the Juvenile Criminal Justice System in Indonesia." Journal of Law and Development, vol. 42, no. 3, pp. 456-472.

Kusuma, A. (2017). "Implementation of Restorative Justice by the Police in Handling Child Cases in Indonesia." Indonesian Journal of Legal Studies, vol. 18, no. 2, pp. 145-160.

Lubis, T. (2015). "Restorative Justice: An Alternative Resolution of Conflict and Crime." Journal of Legal Studies, vol. 1, no. 1, pp. 1-13.

Supreme Court of the Republic of Indonesia. (2012). Regulation of the Supreme Court of the Republic of Indonesia No. 4 of 2012 concerning Guidelines for the Implementation of Diversion and Restorative Justice in the Juvenile Criminal Justice System. Jakarta: Supreme Court of the Republic of Indonesia.

Nurani, LK (2017). "The Role of Restorative Justice in the Adult Criminal Justice System in Indonesia." Journal of Law and Justice, vol. 6, no. 3, pp. 367-384.

Rahardjo, M. (2019). "Social Reintegration of Criminals Through Restorative Justice." Journal of Social and Crime Research, vol. 5, no. 2, pp. 112-128.

Sulistyo-Basuki. (2015). "Restorative Justice in the Context of Indonesian Law: Opportunities and Challenges." Journal of Law and Society, vol. 20, no. 4, pp. 457-472.

Sulistyowati, I. (2014). "Integration of Restorative Justice in the Criminal Justice System: Case Study in Indonesia." Jurnal Mimbar Hukum, vol. 26, no. 3, pp. 446-457.

Suryani, D. (2018). "Public Perception of Restorative Justice in Domestic Violence Cases." Indonesian Journal of Criminology, vol. 14, no. 1, pp. 25-40.

Susanto, A. (2019). "Structural Barriers in the Implementation of Restorative Justice in Indonesia." Journal of Social and Political Sciences, vol. 24, no. 1, pp. 85-101.

Toharudin, T., & Harsono. (2016). "The Effectiveness of Restorative Justice in Reducing Recidivism: A Multi-Case Study in Indonesia." Indonesian Journal of Criminology, vol. 12, no. 1, pp. 1-14.

Widyawati, I. (2018). "Public Perception of the Implementation of Restorative Justice in Indonesia." Journal of Social and Political Sciences, vol. 22, no. 2, pp. 125-140.

Wulandari, M. (2017). "Restorative Justice and Local Wisdom: A Case Study in Bali." Journal of Law and Society, vol. 22, no. 4, pp. 334-350.

Downloads

Published

2024-07-10

How to Cite

Andi Fahri Hasibuan, & T. Riza Zarzani. (2024). Restorative Justice in the Indonesian Criminal Justice System. Law Sinergy Conference Proceeding, 1(1), 225–231. Retrieved from https://conference.sinergilp.com/index.php/lsc/article/view/32

Conference Proceedings Volume

Section

Articles

Most read articles by the same author(s)

Similar Articles

1 2 3 > >> 

You may also start an advanced similarity search for this article.