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All Journal Jurnal Hukum Novelty
Ahmad Ridhwan Abd Rani
Faculty of Law, Universiti Teknologi MARA, Malaysia

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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