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All Journal Didakta: International Journal of Social Sciences, Language, and Education
Ali Masyhar
Semarang State University

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A Legal Analysis of the Limitations on the Application of Restorative Justice in the Resolution of Sexual Violence Crimes Racha Gusty Recoba Satya Nugraha; Ali Masyhar; Cahya Wulandari
International Journal of Social Sciences, Language, and Education Vol. 1 No. 2 (2026): : April: Didakta: International Journal of Social Sciences, Language, and Educa
Publisher : CV SCRIPTA INTELEKTUAL MANDIRI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.65310/8m8rh130

Abstract

This study examines the juridical limitations governing the application of restorative justice in the resolution of sexual violence crimes within the Indonesian criminal justice system. The research employed a nonempirical normative legal method with descriptive analytical orientation through statutory, conceptual, and case approaches. Primary legal materials consisted of Indonesian criminal legislation, restorative justice regulations, and judicial decisions, while secondary materials were derived from scholarly doctrines and peer reviewed legal studies concerning victim protection and restorative justice theory. The findings indicate that significant normative inconsistencies persist between restorative justice policies and statutory provisions emphasizing victim protection, legal certainty, and public accountability in sexual violence cases. The absence of explicit legal boundaries regarding the admissibility of restorative mechanisms has generated interpretative disparities among law enforcement institutions and increased the risk of coercive settlement practices influenced by unequal power relations and social pressure. The study further demonstrates the necessity of reconstructing criminal law policy through harmonized regulations, offense classification standards, verified victim consent mechanisms, and institutional supervision to ensure that restorative justice remains compatible with the protection of victims and the objectives of modern criminal law reform in Indonesia.  
The Evolution of Criminal Punishment Theory: From Retributive Theory to a Restorative Approach in The Indonesian Criminal Justice System Mardana Rifta Oktaviana; Ali Masyhar; Cahya Wulandari
International Journal of Social Sciences, Language, and Education Vol. 1 No. 2 (2026): : April: Didakta: International Journal of Social Sciences, Language, and Educa
Publisher : CV SCRIPTA INTELEKTUAL MANDIRI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.65310/3tqhpm38

Abstract

This study examines the evolution of criminal punishment theory from a retributive orientation toward a restorative approach within the Indonesian criminal justice system and analyzes its implications for contemporary criminal justice reform. The research employed a normative legal method using conceptual and statutory approaches. Primary legal materials consisted of Law Number 1 of 2023 concerning the Criminal Code, Attorney General Regulation Number 15 of 2020, and Supreme Court Regulation Number 1 of 2024, while secondary materials included scholarly literature on punishment theory and restorative justice. The findings indicate that the development of punishment theory has contributed to a fundamental transformation in the objectives of criminal law, shifting emphasis from retaliation toward recovery, accountability, and social reconciliation. This transformation has encouraged the institutionalization of restorative justice across various stages of criminal justice administration and strengthened the pursuit of substantive justice. However, effective implementation remains challenged by regulatory fragmentation, limited institutional capacity, persistent punitive legal culture, unequal bargaining positions, and potential abuse of discretion. The study concludes that restorative justice possesses significant potential to become a dominant paradigm within the Indonesian criminal justice system, provided that future reforms focus on institutional coherence, victim protection, professional capacity development, and comprehensive monitoring mechanisms.
Co-Authors Cahya Wulandari Mardana Rifta Oktaviana Racha Gusty Recoba Satya Nugraha