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All Journal Adil Ka'Talino: Jurnal Hukum dan Wacana Keadilan
Hadiya Noor
Universitas Muhammadiyah Palangkaraya
Law, Crime, Criminology & Criminal Justice

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Rekonstruksi Sanksi Pidana Restoratif di Indonesia: Perspektif Reintegrative Shaming Hadiya Noor; Ranti Suminar Endah
Adil Ka'Talino: Jurnal Hukum dan Wacana Keadilan Vol. 1 No. 1 (2025): Adil Ka'Talino: Jurnal Hukum dan Wacana Keadilan
Publisher : Institute for Research and Community Services Universitas Muhammadiyah Palangkaraya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33084/adil.v1i1.12292

Abstract

The criminal justice system in Indonesia is still dominated by a retributive paradigm that focuses on punishing perpetrators, while the interests of victims, social restoration, and community harmony are often neglected. This situation gives rise to various problems, such as victim dissatisfaction, prison overcrowding, and the low effectiveness of punishment in preventing recidivism. This article aims to analyze and reconstruct criminal sanctions based on a restorative justice approach using the perspective of reintegrative shaming theory proposed by John Braithwaite. This study uses a normative legal research method with a conceptual and legislative approach. The results of the study show that the restorative justice approach provides greater space for victims as legal subjects, encourages perpetrators to take responsibility without permanent stigmatization, and restores social relations in the community. The theory of reintegrative shaming is relevant to the Indonesian context because it is in line with customary law values that have long emphasized conflict resolution through deliberation and the restoration of social balance. Therefore, the reconstruction of criminal sanctions based on restorative justice is a strategic step in realizing substantive justice, a more humane criminal justice system, and criminal law reform oriented towards social restoration and sustainability
Co-Authors Ranti Suminar Endah