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All Journal Aafiyah: Jurnal Multidisiplin Ilmu ILAW; International Journal Assulta of Law Review
Mohammed Abdu Rehany
University of Zakho, Zahko, Kurdistan Region Iraq, Iraq
Religion Aerospace Engineering Agriculture, Biological Sciences & Forestry Languange, Linguistic, Communication & Media Social Sciences

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Journal : ilaw

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Criminal Justice System Reform: A Comparative Approach between European and Asian Countries Mohammed Abdu Rehany
ILAW International Journal Assulta of Law Review
Publisher : Edujavare Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70610/ilaw.v1i1.374

Abstract

This research conducts a comprehensive comparative analysis of criminal justice system reforms in European and Asian countries, aiming to highlight similarities, differences, challenges, and opportunities for improvement. The study examines the evolution of legal frameworks, procedural safeguards, and enforcement mechanisms within diverse historical, cultural, and normative backgrounds. Findings reveal that European countries prioritize judicial independence, human rights protection, and adherence to international legal standards. However, Asian nations exhibit varied approaches influenced by civil law, common law, and customary legal traditions. The analysis underscores the importance of upholding the rule of law, protecting individual rights, and promoting transparency and accountability within criminal justice systems. Moreover, the research emphasizes cross-regional learning, evidence-based policymaking, and continuous evaluation to address systemic challenges and foster more effective, equitable, and rights-respecting legal systems globally.
Strengthening Restorative Justice in Criminal Justice System Reform: A Comparative Study of Indonesia and the Netherlands Mohammed Abdu Rehany
ILAW International Journal Assulta of Law Review
Publisher : Edujavare Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70610/ilaw.v3i01.1217

Abstract

This study analyzes the strengthening of restorative justice in criminal justice system reform through a comparative study between Indonesia and the Netherlands. The research aims to examine how restorative justice is implemented in both countries and how it contributes to the transformation of criminal justice systems toward more humanistic and rehabilitative approaches. A normative legal research method is used with conceptual, statutory, and comparative approaches based on secondary data from legal literature, official documents, and academic publications. The findings show that restorative justice in Indonesia is in a developing stage, primarily implemented through discretionary law enforcement practices, while in the Netherlands it is more institutionalized and integrated into the formal criminal justice system. Both countries share similar objectives in promoting reconciliation, reducing recidivism, and improving justice efficiency. However, differences exist in legal structure, institutional support, and implementation consistency. The study concludes that restorative justice is an important model for criminal justice reform, but its effectiveness depends on legal institutionalization, cultural acceptance, and continuous policy development.
Reform of Criminal Justice Systems: A Comparative Study of Restorative Justice in Indonesia and the Netherlands Mohammed Abdu Rehany
ILAW International Journal Assulta of Law Review
Publisher : Edujavare Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70610/ilaw.v2i1.1230

Abstract

The reform of criminal justice systems has increasingly shifted toward more humane and participatory approaches, particularly through the adoption of restorative justice. This study aims to analyze and compare the implementation of restorative justice in Indonesia and the Netherlands as part of broader criminal justice system reforms. The research employs a normative legal method with a comparative approach, examining legal frameworks, institutional mechanisms, and practical applications in both countries. The findings reveal that Indonesia applies restorative justice in a more flexible and culturally embedded manner, emphasizing social harmony and community-based resolution. However, its implementation remains fragmented and largely dependent on the discretion of law enforcement authorities. In contrast, the Netherlands demonstrates a more structured and institutionalized approach, supported by clear legal regulations, professional mediation services, and stronger protection of victims’ rights. Both countries share a common objective of reducing reliance on punitive measures, improving access to justice, and restoring social relationships. Nevertheless, differences in legal certainty, institutional capacity, and empirical evaluation highlight the need for further development, particularly in Indonesia. This study concludes that an integrative model combining legal rigor with socio-cultural adaptability is essential for achieving an effective and equitable criminal justice system.
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