Effectiveness of Implementing Restorative Justice in the Indonesian Criminal Law System Opportunities and Challenges

Authors

  • Manase Putra Tarigan Universitas Pembangunan Panca Budi
  • Yasmirah Mandasari Saragih Universitas Pembangunan Panca Budi
  • T Riza Zarzani Universitas Pembangunan Panca Budi

Keywords:

Restorative Justice, Criminal Law System, Social Justice

Abstract

Restorative Justice (RJ) is an alternative approach in the criminal law system that emphasizes the restoration of relationships between perpetrators, victims, and the community. In Indonesia, the implementation of RJ has been accommodated through regulations such as Law Number 11 of 2012 concerning the Juvenile Criminal Justice System. This approach has proven effective in reducing overcapacity in correctional institutions, accelerating case resolution, and providing more substantive justice for all parties. RJ also offers a more humane solution, by providing space for perpetrators to correct their mistakes and victims to obtain emotional and material recovery.

However, the implementation of RJ in Indonesia is not free from challenges. Limited regulations that only cover certain cases, lack of public understanding, and limited capacity of law enforcement officers are the main obstacles. In addition, the lack of supporting infrastructure, such as mediation facilities and professionals who understand the concept of RJ, also hampers the effectiveness of its implementation. To overcome these challenges, strategic steps are needed, including expanding the RJ legal framework, increasing training for law enforcement officers, and educating the public about the benefits of RJ in creating more inclusive justice.

This study concludes that RJ has great potential to improve the Indonesian criminal justice system by creating more humane and meaningful justice. With regulatory strengthening, capacity building, and community support, RJ can be an effective solution to overcome the weaknesses of the conventional criminal justice system.

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Published

2024-10-01

How to Cite

Manase Putra Tarigan, Yasmirah Mandasari Saragih, & T Riza Zarzani. (2024). Effectiveness of Implementing Restorative Justice in the Indonesian Criminal Law System Opportunities and Challenges. Law Sinergy Conference, 2(1), 394–400. Retrieved from https://conference.sinergilp.com/index.php/lsc/article/view/57

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