The Restorative Justice: Ideality, Reality, and Problems in The Indonesia Criminal Justice System

Abstract

The criminal justice system is a comprehensive effort by the state to tackle crime and determine accountability for each offense. In this case, the criminal justice system also emphasizes the importance of non-prison efforts to determine crime responsibility, commonly referred to as restorative justice. This study aims to describe the application of the concept of restorative justice in other countries and the orientation of its application in Indonesia. This research is normative legal research. Normative legal research is oriented toward answering legal issues and finding prescriptions for a legal problem. This study uses a statutory procedure, a concept approach, and a comparative approach. The results of the study confirm that the concept of restorative justice is part of the development of world law which is applied in various countries with different legal systems, such as the Netherlands, the United States, and Malaysia. In addition, the concept of restorative justice also needs special arrangements in the Criminal Procedure Code to reform the criminal procedure law in Indonesia.

Restorative justice in Indonesia corruption crime: a utopia

“…There is currently no clear rule stating that corruption cases resolved under the Prosecutor's Regulation of the Republic of Indonesia Number 15 of 2020 Concerning Termination of Prosecution Based on Restorative Justice can be prosecuted because its implementation is highly dependent on the part of law enforcement. Therefore, the use of restorative justice carries such weight with law enforcement officials that it must be applied with extreme caution and restricted to a select number of crimes (Kusumo & Afandi, 2020).…”