Jurnal Sosial dan Teknologi
Vol. 5 No. 10 (2025): Jurnal Sosial dan Teknologi

Dualisme Keadilan Retributif dan Restoratif dalam Sistem Peradilan Pidana Indonesia

Agustin, Ayu (Unknown)
Sulchan, Achmad (Unknown)



Article Info

Publish Date
17 Oct 2025

Abstract

Indonesia's criminal justice system shows a dynamic between two paradigms of justice, namely retributive justice and restorative justice. Retributive justice is oriented towards punishing perpetrators with the aim of providing a deterrent effect, while restorative justice focuses on restoring the relationship between perpetrators, victims, and society. This study uses normative juridical methods with legislative, conceptual, and case approaches, to analyze the implementation and challenges of dualism of the two paradigms. The results of the study show that the Indonesian criminal justice system is still dominated by the retributive paradigm, as reflected in the Criminal Code and criminal practices. However, regulatory developments such as Law Number 11 of 2012 concerning the Juvenile Criminal Justice System, Police Regulation Number 8 of 2021, and the new Criminal Code of 2023 show the strengthening of the restorative paradigm. The main challenges faced are regulatory consistency, resistance of law enforcement officials, and public acceptance. In conclusion, although the retributive paradigm is still strong, Indonesia's criminal justice system is beginning to move towards balance by making room for a restorative approach.

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Journal Info

Abbrev

sostech

Publisher

Subject

Humanities Civil Engineering, Building, Construction & Architecture Engineering Environmental Science Law, Crime, Criminology & Criminal Justice

Description

Journal of Social Technology is a journal published once a month by CV. Syntax Corporation Indonesia. The Journal of Social Technology will publish scientific articles in the broad scope of social sciences and broad technological sciences such as information systems, information technology, and ...