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All Journal Jurnal Hukum Novelty Volksgeist: Jurnal Ilmu Hukum dan Konstitusi
Lies Sulistiani
Faculty of Law, Universitas Padjadjaran, Indonesia
Law, Crime, Criminology & Criminal Justice

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Optimizing restorative justice mechanisms in financial crime investigations Lies Sulistiani; Lastuti Abubakar; Efa Laila Fakhriah; Ahmad Ridhwan Abd Rani
Jurnal Hukum Novelty Vol. 17 No. 2 (2026)
Publisher : Universitas Ahmad Dahlan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26555/jhn.v17i2.30803

Abstract

Introduction to the Problem: Financial crime causes significant economic losses, undermines public trust, and threatens national stability. Before the PPSK Law introduced special procedures, such cases followed ordinary criminal proceedings. Although restorative justice is used for minor offenses, its application to financial crime remains limited. This study examines Indonesia’s restorative justice framework, its potential use in financial crime, and its implications for expanding settlement mechanisms in the financial sector. Purpose/Study’s Objective: This study aimed to examine the concept of restorative justice and the ultimum remedium principle with an emphasis on the application in the field of financial crime. It is based on the assumption that justice cannot be solely predicated on punishment but must also prioritize the recovery of victim losses and the financial system. Design/Methodology/Approach: A normative juridical methodology was used to examine legal provisions and practices related to the application of restorative justice in the case of financial crime. Findings: The results showed that the principles of restorative justice, ultimum remedium, una via, and Written Command should be integrated and prioritized when dealing with financial crime. The una via principle enables the regulator to evaluate the value of transaction, recovery of losses, and a possible systemic impact to decide whether a case can be handled administratively or through a criminal investigation to achieve efficient resolution. The implementation of these principles promotes efficient inquiries and results of restitution that will contribute to restoring public trust in financial sector and enhancing responsibility. This approach not only reduces the damage caused by financial crime but also helps create a more resilient financial ecosystem beneficial to consumers and society at large. Paper Type: Research Article
Participatory Rational Justice in Criminal Law Reform as an Integrative Theory for Substantive Justice and Social Legitimacy CSA Teddy Lesmana; Lies Sulistiani; Nella Sumika Putri; Deshinta Arrova Dewi
Volksgeist: Jurnal Ilmu Hukum dan Konstitusi Vol. 9 Issue 1 (2026) Volksgeist: Jurnal Ilmu Hukum Dan Konstitusi
Publisher : Faculty of Sharia, Universitas Islam Negeri (UIN) Profesor Kiai Haji Saifuddin Zuhri Purwokerto, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24090/volksgeist.v9i1.15585

Abstract

The traditional criminal justice system, predominantly grounded in retributive and legalistic paradigms, has increasingly struggled to respond to contemporary social realities, including prison overcrowding, limited victim participation, procedural rigidity, and declining public trust in legal institutions. In many jurisdictions, retributivism prioritizes punishment over social restoration, restorative justice mechanisms remain fragmented and marginal, and economic analysis of law (EAL) often emphasizes efficiency while overlooking normative legitimacy and participatory justice. Responding to these practical and conceptual limitations, this article proposes a new integrative framework Participatory Rational Justice (PRJ) which reconceptualizes criminal justice as a collaborative, community-engaged, and outcome-oriented process. Employing an interdisciplinary approach through theoretical analysis and comparative perspectives on criminal justice reforms, this study situates PRJ within existing reform practices that seek to balance efficiency, accountability, and social welfare. PRJ combines policy rationality, active stakeholder participation, resource efficiency, and social restoration to produce justice outcomes that extend beyond formal legality toward substantive societal benefits. By bridging procedural justice, economic legal reasoning, and capability-based substantive justice, PRJ offers a conceptually grounded yet practically relevant alternative for criminal justice reform. This study argues that adopting PRJ can enhance institutional legitimacy, optimize resource allocation, and foster a more inclusive legal culture, thereby contributing to the adaptive and sustainable development of contemporary criminal justice systems.
Co-Authors Ahmad Ridhwan Abd Rani CSA Teddy Lesmana Deshinta Arrova Dewi Efa Laila Fakhriah Lastuti Abubakar Nella Sumika Putri