Jurnal Hukum Lex Generalis
Vol 6 No 7 (2025): Tema Hukum Pidana

Inkonsistensi Pengaturan Keadilan Restoratif dalam Sistem Peradilan Pidana di Indonesia

Wido Bhernard Gabriel Sihombing (Universitas Sumatera Utara)



Article Info

Publish Date
03 Jul 2025

Abstract

Restorative justice in Indonesia is regulated differently by the Police, the Prosecutor's Office, and the Supreme Court without synchronization, resulting in inconsistent norms. This has an impact on implementation that is not in line with the criminal justice system, because case resolution is still carried out partially according to the rules of each institution. This study aims to analyze and determine the regulation of restorative justice in the current Indonesian criminal justice system; analyze inconsistencies in the regulation of restorative justice in Indonesia; and analyze steps that can be taken to overcome the inconsistency of restorative justice regulations in the criminal justice system in Indonesia. This study uses a normative legal research method that is descriptive analytical with a statutory approach and a conceptual approach. The data used are secondary data including primary, secondary, and tertiary legal materials obtained using literature study and document study techniques. The data collected are analyzed qualitatively and conclusions are drawn seductively. Based on the results of the study, the regulation of restorative justice in the Indonesian criminal justice system has been regulated in various legal instruments such as the SPPA Law, the 2023 Criminal Code, as well as regulations from the Police, Prosecutor's Office, and the Supreme Court. However, normatively, the regulation is still sectoral and not yet integrated, thus causing inconsistencies in norms and procedures between law enforcement agencies and potentially violating the principle of legal certainty. To overcome this, an integrated legal umbrella is needed that binds across sectors, synchronization of regulations, changes in the implementation mechanism that are integrated and oriented towards victim recovery, as well as strengthening coordination, supervision, apparatus capacity, and ongoing public socialization.

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Journal Info

Abbrev

JHLG

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Tujuan dari Jurnal Hukum Lex Generalis adalah menjadi ensiklopedia, glosarium atau kamus ilmu hukum. Diharapkan Jurnal Hukum Lex Generalis dapat menjadi sumber rujukan praktis untuk keperluan sitasi keilmiahan. Adapun ruang lingkup yang dipublikasikan adalah tulisan bertemakan hukum secara umum, ...