Article Per Year (5 Year)
p-Index From 2021 - 2026
0.23
P-Index
This Author published in this journals
All Journal Jurnal Ilmu Hukum KYADIREN
Dias Lutfiyansyah
Universitas Tarumanagara Jakarta, Indonesia
Law, Crime, Criminology & Criminal Justice

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

Found 1 Documents
Search

 1 
Restorative Justice in Minor Criminal Cases: A Study of Tanjung Balai District Court Decision No. 1/Pid.C/2023/PN Tjb Dias Lutfiyansyah; Boedi Prasetyo
Jurnal Ilmu Hukum Kyadiren Vol 8 No 1 (2026): Jurnal Ilmu Hukum Kyadiren
Publisher : PPPM, Sekolah Tinggi Ilmu Hukum (STIH) Biak-Papua

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46924/jihk.v8i1.484

Abstract

The dominance of the retributive paradigm in the Indonesian criminal justice system has often failed to achieve substantive justice, particularly in addressing minor offenses arising from structural poverty. This study aims to analyze the implementation of restorative justice in Tanjung Balai District Court Decision Number 1/Pid.C/2023/PN Tjb and to examine the legal reasoning underlying the court’s adoption of this mechanism. The study employs a normative legal research method using statutory, conceptual, and case approaches, with qualitative analysis conducted through a descriptive-prescriptive framework. The findings indicate that restorative justice was implemented through mediation involving the offender, the victim, and the community, resulting in the restoration of social relationships and a more proportionate resolution of the dispute. The judge’s legal considerations were based on an integration of juridical, philosophical, and sociological dimensions, particularly the offender’s economic circumstances and the pursuit of substantive justice. This study demonstrates that the decision constitutes a form of progressive jurisprudence, reflecting a paradigm shift in criminal law enforcement from a retributive orientation toward a restorative approach.
Co-Authors Boedi Prasetyo