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Journal : JURNAL USM LAW REVIEW

Restorative Justice as a Solution to the Press Crisis: The Urgency of Reform in the Indonesian Justice System Nuraeni, Yeni; L. Alfies Sihombing; Komarudin Komarudin
JURNAL USM LAW REVIEW Vol. 8 No. 1 (2025): APRIL
Publisher : Universitas Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26623/julr.v8i1.11803

Abstract

This research aims to explore the potential implementation of restorative justice in the resolution of press offense disputes in Indonesia, with a focus on Law No. 40/1999 on the Press. The urgency of this research arises from the need to reduce the burden on the increasingly heavy judicial system and increase the effectiveness of media dispute resolution. In this context, restorative justice can be a more humane and efficient alternative to conventional litigation approaches. The scope of the problem includes the lack of regulations supporting restorative mechanisms in the Press Law, as well as practical challenges in implementing mediation in Indonesia. The main findings show that restorative justice can help restore social relations between the parties involved, in a more constructive way, rather than simply imposing punishment. The novelty of this research lies in identifying the potential application of restorative justice in the context of press disputes, as well as the role of the Press Council as a mediator in dispute resolution mechanisms. The method used in this research is legal analysis and comparison of legal systems in other countries, as well as a study of restorative justice theory and its application in press disputes in Indonesia.
Restorative Justice as a New Breakthrough to Reduce Recidivism and Promote Reform in the Criminal Law System Alfies, L. Alfies Sihombing; Yeni Nuraeni; Komarudin Komarudin; Karunia Karunia
JURNAL USM LAW REVIEW Vol. 8 No. 1 (2025): APRIL
Publisher : Universitas Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26623/julr.v8i1.11807

Abstract

This study aims to evaluate the application of restorative justice (RJ) in reducing recidivism in Indonesia, focusing on its effectiveness, implementation challenges, and potential development in the adult criminal justice system. The method used was a qualitative approach with interviews with judges, prosecutors, and mediators at the Bogor District Court as well as case studies of RJ implementation. The results show that although restorative justice (RJ) offers a more rehabilitative solution compared to conventional approaches, its application in Indonesia is still limited by a lack of understanding of legal officers, social resistance, and limited resources. For example, while in New Zealand the recidivism rate of RJ participants is only 17%, in Indonesia, barriers such as lack of mediator training and limited mediation facilities reduce the effectiveness of the program. This study concludes that the implementation of restorative justice (RJ) can reduce recidivism if followed by increased resource capacity, training of legal officers, and community support. The contribution of this research to science is to provide insights into the implementation of RJ in the Indonesian context, as well as suggest measures to overcome the challenges, in order to improve a more rehabilitative criminal justice system.