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

Restorative Justice Paradigm Shift based on Perma No. 1 of 2024 to Realize Victim Recovery and Criminal Accountability

Adimu, Siva Rizkia (Unknown)
Guntara, Deny - (Unknown)
Abas, Muhamad - (Unknown)



Article Info

Publish Date
27 Mar 2025

Abstract

Restorative Justice is considered an appropriate formulation to take into account the circumstances of victims of criminal acts which in the criminal justice system are usually considered to be only oriented towards criminalizing the perpetrators of the crime. The problem in this article focuses on the restorative provisions in Perma No.1/2024 concerning guidelines for trying criminal cases according to restorative justice, and the shift in the paradigm of restorative justice in Indonesia. The method in the following research is to use normative legal research, by analyzing the provisions related to restorative justice. The results of the research and discussion explain that the idea of restorative justice in Perma No.1/2024 explains that restorative justice is carried out with the intention of restoring victims and does not aim to eliminate criminal responsibility carried out in the form of a judge's or court decision. The next research result is the shift in the paradigm of restorative justice in Indonesia, which was originally through Police Regulation No. 8/2021 concerning Handling of Criminal Acts Based on Restorative Justice and Prosecutor's Regulation Number 15 of 2021 concerning Termination of Prosecution Based on Restorative Justice, restorative justice is considered a mechanism for terminating cases, which according to the author can cause problems for both victims and for the interests of the law itself, so the implementation of restorative justice should be in accordance with Perma Number 1 of 2024 which has shifted its paradigm not only as a victim's recovery by not eliminating criminal liability through a decision, not terminating the case.

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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 ...