The Essence of Restorative Justice in the Development of Indonesian Law

Abstract

Objective: This study aims to explore the essence of Restorative Justice within the framework of Indonesian legal development. It seeks to understand how Restorative Justice principles are integrated into the Indonesian legal system, assess their impact on law enforcement and justice outcomes, and provide policy recommendations for enhancing their implementation. Theoretical Framework: The theoretical framework of this research is rooted in Restorative Justice principles, emphasizing the repair of harmed relationships and the involvement of all stakeholders in conflict resolution. By adopting a normative legal approach and utilizing a case law methodology, this study analyzes the compatibility of Restorative Justice principles with Indonesian legal norms and evaluates their application in resolving legal cases. Methodology: This research delves into Restorative Justice within Indonesian law by analyzing judicial decisions, legislative reforms, and historical precedents. It employs normative legal analysis, utilizing Restorative Justice principles to examine applicable norms and their implementation in resolving legal cases. Through a case law approach, the study aims to uncover the essence of Restorative Justice in Indonesian legal development. By scrutinizing judicial decisions, legislative reforms, and historical precedents, it seeks to demonstrate how Restorative Justice principles can be effectively integrated into the Indonesian legal system and assess their impact on law enforcement and justice outcomes. The research aims to contribute to a deeper understanding of Restorative Justice and provide evidence-based policy recommendations to enhance its implementation, considering both normative aspects and empirical observations from the field. Results and Conclussion: Restorative Justice as an approach can realize legal compliance, justice and legal expediency simultaneously, therefore it is important for Indonesia to establish a special law regulating Restorative Justice. This will provide a solid and clear legal framework for the application of this concept in the justice system. With a specific law, there will be more detailed guidance on how Restorative Justice can be implemented effectively and equitably across law enforcement agencies In addition, this law can also strengthen Indonesia's commitment to making Restorative Justice a mainstream approach in law enforcement, creating a justice system that is not only fair, but also equitable for all parties involved in the process. Thus, by regulating Restorative Justice through a separate law, Indonesia affirms its position as a leader in building a justice system based on human values and universal justice.