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Implementasi Keadilan Restoratif dalam Sistem Peradilan Pidana Indonesia: Tinjauan atas Perlindungan Korban dan Pluralisme Hukum Jumriani; Elly Sudarti; Rizky Maulana; Shalsa Ananda; Riza Fahlevi
Jurnal Hukum dan Demokrasi (JHD) Vol 26 No 2 (2026): Hukum dan Demokrasi (HD)
Publisher : Sekolah Tinggi Ilmu Hukum Prof Gayus Lumbuun

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61234/hd.v26i2.140

Abstract

Indonesia's criminal justice system is moving away from a retributive paradigm toward a more restorative one, a shift reflected in Prosecutorial Regulation No. 15 of 2020, Police Regulation No. 8 of 2021, Supreme Court Regulation No. 1 of 2024, and Law No. 1 of 2023 on the Criminal Code (KUHP). This article examines how restorative justice is implemented within that system, focusing on two issues: the protection of victims' rights and the relationship between restorative justice and legal pluralism, particularly the recognition of living law under Article 2 of the Criminal Code. The study employs a normative juridical method with statutory and conceptual approaches, and the legal materials are analyzed qualitatively and prescriptively. The findings show that although the regulatory framework has grown quickly, practice remains oriented toward terminating cases and reconciling the offender with the state, while substantive recovery for victims, including restitution and psychosocial support, has not been adequately realized. The recognition of customary law through the living law concept allows cases to be resolved in ways that fit local values, yet without clear limits and adequate oversight it may create legal uncertainty and sacrifice the rights of certain victims, especially women and children. The article recommends harmonizing regulations across law enforcement institutions, strengthening victim-centered oversight, and issuing technical guidelines for integrating customary law into restorative justice that remain bound by human rights principles and Pancasila.