Pena Justisia: Media Komunikasi dan Kajian Hukum
Vol. 24 No. 1 (2025): Pena Justisia

Restorative Justice in Criminal Law Development: Comparison of Policy and Implementation between Indonesia and South Africa

Sofyan, Carollin Ophelia (Unknown)
Darma, I Made Wirya (Unknown)
Kurniawan, I Gede Agus (Unknown)



Article Info

Publish Date
27 Feb 2025

Abstract

This research aims to analyze two legal issues, namely the development of concepts related to restorative justice in Indonesia and South Africa, and a legal comparison regarding the policies and implementation of restorative justice in Indonesia and South Africa. This research is a normative legal study with a conceptual, legislative, and conceptual approach. The research findings affirm that the development of *restorative justice* in Indonesia and South Africa is influenced by post-conflict conditions and authoritarianism: in Indonesia after the 1998 reform and in South Africa post-apartheid 1994. In Indonesia, restorative justice was initially focused on juvenile justice, while in South Africa it was more on post-apartheid reconciliation and addressing human rights violations. Policies in Indonesia prioritize the application of restorative justice (RJ) for juvenile cases and minor offenses through mediation, while in South Africa, RJ is used for post-apartheid reconciliation, with the Truth and Reconciliation Commission (TRC) as a key element, despite criticisms regarding its application to major crimes

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Journal Info

Abbrev

hk

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Pena Justisia aims to provide a forum for lecturers and researchers to publish the original articles about Law Science. Focus of Pena Justisia is publishing the manuscript of outcome study, and conceptual ideas which specific in the sector of Law science. We are interested in topics which relate ...