IMPLEMENTATION OF RESTORATIVE JUSTICE IN THE INDONESIAN CRIMINAL JUSTICE SYSTEM

Abstract

Restorative justice has emerged as an alternative paradigm in criminal justice
systems worldwide, including Indonesia, emphasizing reconciliation, victim
recovery, offender accountability, and community participation. This study
aims to analyze the conceptual framework, legal foundation, and
implementation of restorative justice within the Indonesian criminal justice
system. The research employs a normative juridical and socio-legal approach
through literature review, statutory analysis, and examination of institutional
practices. The findings indicate that Indonesia has progressively
institutionalized restorative justice through various legal instruments,
including Law Number 11 of 2012 concerning the Juvenile Criminal Justice
System, Prosecutor Regulation Number 15 of 2020, Police Regulation
Number 8 of 2021, and Law Number 1 of 2023 concerning the New
Indonesian Criminal Code. These regulations demonstrate a significant shift
from retributive justice toward a more humane and participatory justice
model. However, the implementation of restorative justice still faces
structural, sociological, and institutional challenges, including inconsistent
regulatory interpretation, public perception favoring punitive sanctions, and
limited institutional capacity. Strengthening legal harmonization, inter
agency collaboration, and community participation is essential to optimize
restorative justice implementation in Indonesia. Restorative justice offers a
promising framework for achieving substantive justice, reducing recidivism,
and restoring social harmony within Indonesian society.