Innovative: Journal Of Social Science Research
Vol. 4 No. 6 (2024): Innovative: Journal Of Social Science Research

Restorative Justice In The Perspective Of Contemporary Procedural Law

Fatihah, Nurul (Unknown)



Article Info

Publish Date
28 Nov 2024

Abstract

The retributive approach to criminal procedural legislation in Indonesia is formal and controlled by the legal system, which is at odds with the concepts of restorative justice, as discussed in this paper. Instead of punishing wrongdoers, victims, and society as a whole may find healing and rehabilitation via restorative justice's humanistic approach. But this method is still not often used, particularly when dealing with major offenses that are heavily controlled by formal law, like murder and corruption. Both victims and offenders' emotional preparedness and a lack of community support, which is crucial for healing, are the primary obstacles to restorative justice's adoption in Indonesia. In order to determine how far restorative justice may go in Indonesia's official criminal justice system, this research use normative legal methodologies by reviewing relevant legislation and legal theories. According to the study's findings, restorative justice can't be put into practice without sweeping changes to regulations, stronger police enforcement, and active community involvement.

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Journal Info

Abbrev

Innovative

Publisher

Subject

Humanities Computer Science & IT Law, Crime, Criminology & Criminal Justice Public Health Other

Description

Innovative: Journal Of Social Science Research is a journal managed by Universitas Pahlawan Tuanku Tambusai which bridges researchers to publish research results in all scientific fields (multidiscipline). This includes the fields of education, health, law, economics, IT (Informatics Engineering), ...