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All Journal Pena Justisia: Media Komunikasi dan Kajian Hukum
Steinly Suwanto
Fakultas Hukum, Universitas Jember, Indonesia
Law, Crime, Criminology & Criminal Justice

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The Meaning of Restorative Justice by Structural Power in The Legal System in Indonesia Steinly Suwanto; Maulana Malik Ibrohim; Fendi Setyawan; M. Arief Amrullah; Valentina Moiso
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 25 No. 1 (2026): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v25i1.7370

Abstract

Legal enforcement systems globally are frequently situated within a dichotomous debate between retributive justice, which views law as an instrument of punishment, and restorative justice, which regards law as a mechanism for restoring social harmony. Both perspectives contribute significant insights; however, contemporary legal discourse increasingly gravitates toward restorative justice as a model considered more congruent with current societal conditions. Despite this trend, numerous scholars contend that restorative justice remains a utopian construct, whose practical implementation is often unrealistic and prone to generating institutional resistance. In Indonesia, this tension is reflected in the Regulation of the Attorney General of the Republic of Indonesia No. 15 of 2020, the Indonesian National Police Regulation No. 8 of 2021, and the Supreme Court Regulation No. 1 of 2014, each articulating restorative justice through the lens of their respective institutional mandates and gravitating towards administrative issues rather than the essence of law enforcement. This research employs a literature-based and regulatory analysis to examine the implementation of restorative justice in Indonesia. The study concludes that the current application of restorative justice in Indonesia remains misaligned with the fundamental principles of restorative justice as theorized in the broader academic discourse.
Actor Deconstruction In The Integrated Criminal Justice System : Reintegration Of The Victim's Role Through A Restorative Justice Approach In Indonesia Steinly Suwanto; Ainul Azizah; Nurul Ghufron
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 25 No. 1 (2026): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v25i1.7838

Abstract

System justice Indonesian criminal law that has been This based on paradigm retributive has place the victim in a systemic outside current main judicial process. Research This aim deconstruct role actors in Integrated Criminal Justice System (ICJS) at once offer paradigm new that repositions the victim as center and axis system, not just protected subjects. The methods used is study law normative with approach legislation and conceptual, based on the New Criminal Code (Law No. 1 of 2023), New Criminal Procedure Code (Law No. 20 of 2025), Regulations Police Number 8 of 2021, and Attorney General Regulation Number 15 of 2020. Research results reveal fundamental transformation of the whole ICJS actors : police transform become facilitator restorative justice, prosecutor's office integrate restitution in prosecution strategy, justice must consider victim recovery, and advocates now recognized as formal actor since stage investigation. Research This conclude that the victim's consent is condition sine qua non in every mechanism restorative, and victim recovery is gauge measuring main success system, not effect side punishment. Regulatory fragmentation and limitations capacity institutional Still become obstacle urgent structural For overcome.
Co-Authors Ainul Azizah Fendi Setyawan M. Arief Amrullah Maulana Malik Ibrohim Nurul Ghufron Valentina Moiso