Focus: Jurnal of Law
Vol 6 No 1 (2025): Focus: March Edition

RESTORATIVE JUSTICE: A REVISION OF CRIMINAL PROCEDURE

Walim, Walim (Unknown)



Article Info

Publish Date
25 Mar 2025

Abstract

The concept of resolving criminal cases through alternative methods has existed since the Dutch colonial era, exemplified by Article 82 of the Indonesian Penal Code (KUHP), which introduced afkoop allowing the dismissal of charges if the offender paid a voluntary fine. Over time, out-of-court settlements evolved, with practices like diversion for children and seponering by the Attorney General in the public interest. These early forms demonstrate the presence of restorative justice in the Indonesian legal system long before the term became widely recognized. This article examines how restorative justice is applied, the principles behind it, and its integration within criminal procedure law. The analysis suggests that restorative justice is particularly effective for minor offenses or cases with limited financial impact, focusing on healing, voluntary participation, and social responsibility. For restorative justice to thrive, the legal system must shift from punishment to recovery, making it essential to the development of a more humane and socially just criminal justice system.

Copyrights © 2025






Journal Info

Abbrev

focus

Publisher

Subject

Law, Crime, Criminology & Criminal Justice Social Sciences

Description

FOCUS: Jurnal of Law merupakan Jurnal media komunikasi dan publikasi ilmiah diterbitkan dua kali setahun oleh Fakultas Hukum Universitas 17 Agustus 1945 Cirebon, menerima artikel hasil penelitian di bidang hukum diantaranya: Teori Hukum, Hukum Perdata, Hukum Administrasi, Hukum Indonesia, Hukum ...