Asian Journal of Social and Humanities
Vol. 3 No. 6 (2025): Asian Journal of Social and Humanities

Reconstruction of Minor Criminal Case Settlement By The Prosecutor's Office Through Restorative Justice

Teuku Syahroni (Universitas Jayabaya Jakarta)
Fauzie Yusuf Hasibuan (Universitas Jayabaya Jakarta)
Kristiawanto Kristiawanto (Universitas Jayabaya Jakarta)



Article Info

Publish Date
22 Mar 2025

Abstract

This study analyzes the implementation of restorative justice in handling minor crimes by the Prosecutor's Office and offers a policy reconstruction to enhance its effectiveness and achieve substantive justice within the criminal law system. Employing a normative juridical method, the research utilizes legislative, case, historical, comparative, and conceptual approaches. The analysis draws on theories of justice by John Rawls, Lawrence M. Friedman’s theory of the legal system, and Howard J. Zehr’s theory of restorative justice. The findings reveal that restorative justice is not yet optimally implemented due to disparities in regional policy execution, weak legal infrastructure, and a prevailing retributive mindset among officials and the public. As a solution, the study recommends the mandatory implementation of restorative justice for minor crimes meeting specific criteria, clarifying application standards, enhancing law enforcement training, establishing more restorative justice centers, and strengthening supervision and evaluation mechanisms. The novelty of this research lies in identifying multidimensional barriers, integrating a comprehensive theoretical framework, and proposing a more systematic policy reconstruction. With improved implementation, restorative justice can become a primary tool in resolving minor offenses, reducing overcrowding in correctional facilities, and fostering a more equitable, recovery-focused legal system.

Copyrights © 2025






Journal Info

Abbrev

jsh

Publisher

Subject

Decision Sciences, Operations Research & Management Earth & Planetary Sciences Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice

Description

Asian Journal of Social and Humanities is a scientific journal in the form of research and can be accessed openly. This journal is published once bimonthly by Beritrust Publisher. Asian Journal of Social and Humanities provides a means for ongoing discussion of relevant issues that fall within the ...