Yogi Yasa Wedha
Faculty of Law, Universitas Mahasaraswati Denpasar, Denpasar

Published : 1 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 1 Documents
Search

Circumstantial Evidence in The Indonesian Criminal Justice System Perspective of Substantive Justice and The Principle of Restorative Justice Yogi Yasa Wedha; Ni Komang Sutrisni; Putu Angga Pratama Sukma; Made Hendra Wijaya
Contrarius Series: Law & Social Justice Vol. 1 No. 2 (2026): Contrarius Series: Law & Social Justice
Publisher : Lembaga Contrarius Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53955/cslsj.v1i2.51

Abstract

This study examines the role and application of circumstantial evidence in Indonesia’s criminal justice system and its alignment with restorative justice principles. Using a normative juridical approach with statutory, comparative, and conceptual methods, the research reveals that circumstantial evidence plays a vital role when direct proof is unavailable. However, its application often challenges substantive and restorative justice due to potential bias and unclear legal guidelines. The study highlights, first the critical importance of applying circumstantial evidence within Indonesia’s criminal justice system as a form of indicatory evidence that can strengthen law enforcement. Although circumstantial evidence holds significant potential in supporting the proof of criminal cases, its application must be conducted with utmost caution to ensure that the principles of restorative justice are upheld. The analysis demonstrates that, when applied correctly, circumstantial evidence can make a substantial contribution to achieving substantive justice, provided that evidentiary standards are reinforced, and its use is supported by other evidence that is causally linked and relevant to the offense in question. Second, the application of circumstantial evidence requires careful consideration due to the risks of bias and injustice, which may undermine the integrity of the judicial process. Aligning Indonesia’s criminal justice system more closely with restorative justice principles allows the system not only to focus on punishment but also on restoration and rehabilitation for all parties involved. While circumstantial evidence plays a pivotal role in proving criminal cases, its success in achieving substantive justice depends on prudent, careful, and principled application consistent with the core tenets of restorative justice.