Jurnal Mahkamah Hukum
Vol 1 No 1 (2024): (May) Jurnal Mahkamah Hukum

Critical Analysis of the Implementation of the Restorative Justice System in the Indonesian Legal System

Yoan Barbara Runtunuwu (Universitas Negeri Manado)
Romi Mesra (Universitas Negeri Manado)



Article Info

Publish Date
19 May 2024

Abstract

This study aims to critically analyze the implementation of restorative justice practices in Indonesia, highlighting its positive aspects, challenges, and recommendations for improvement. Research method of this article is a comprehensive review of relevant literature, including theoretical frameworks, empirical studies, and policy documents, was conducted to examine the adoption of restorative justice in the Indonesian context. The analysis focused on evaluating the cultural alignment, victim empowerment, community involvement, legal and institutional frameworks, capacity and resource constraints, and stakeholder perspectives. The findings reveal that while restorative justice aligns with traditional Indonesian values and offers a victim-centered approach and community involvement, its implementation faces significant challenges. These include the lack of a comprehensive legal framework, limited application to minor offenses, victim reluctance due to power imbalances, and capacity and resource constraints across diverse regions. To address these challenges, the study recommends developing a robust legal framework, cautiously expanding the application to certain serious offenses with robust safeguards, strengthening victim support services, investing in capacity-building initiatives, and promoting public awareness and education. Overall, the successful implementation of restorative justice in Indonesia requires overcoming legal and institutional gaps, building capacity and resources, and fostering a culture of victim empowerment, community involvement, and offender accountability. By addressing these challenges, Indonesia can pave the way for a more holistic, inclusive, and effective justice system that promotes healing, reconciliation, and social harmony.

Copyrights © 2024






Journal Info

Abbrev

jurnalmahkamahhukum

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Welcome to the official website of Jurnal Mahkamah Hukum, we aspire to contribute to the field of law which focuses on the dialectics of theory, philosophy and multi-disciplinary legal sciences, for example criminal law, civil law, constitutional law, Islamic law, land law, law international and ...