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All Journal Jurnal Pelita Raya (JPR)
Rabith Madah Khulaili Harsya
Universitas Islam Negeri Siber Syekh Nurjati, Cirebon, Indonesia
Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Restorative Justice in Indonesia as a Modern Transformation of the Judicial Paradigm Henny Saida Flora; Rahman Rahman; Rabith Madah Khulaili Harsya; Muhammad Ashraf
Jurnal Pelita Raya Vol. 2 No. 2 (2026): Jurnal Pelita Raya (JPR)
Publisher : Mahkota Science Publishers

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.65586/jpr.v2i2.116

Abstract

When criminal law is no longer merely a means of punishment, restorative justice emerges, shifting the justice system from retribution towards the restoration of dignity, accountability and social relationships. This study aims to analyse restorative justice in Indonesia as a paradigm shift in the modern judicial system, positioning it not merely as an alternative dispute resolution mechanism, but as a fundamental change in the orientation of the criminal justice system. The study employs a qualitative approach with a legal-normative design enriched by socio-legal analysis. The findings indicate that the implementation of restorative justice in Indonesia reflects a shift from the paradigm of the punitive state towards that of the restorative state. However, this transformation remains in a transitional phase due to regulatory fragmentation, institutional disharmony, inconsistent restoration standards, and the lack of integration of victim protection, offender accountability, and legal pluralism into a single systemic framework. This study emphasises that restorative justice must be understood as a paradigm for judicial reform that reconstructs the relationship between the state, society and the law, moving towards a more humanistic, participatory and accountable form of substantive justice.
Co-Authors Henny Saida Flora Muhammad Ashraf Rahman