Journal of Strafvordering Indonesian
Vol. 2 No. 6 (2026): JOSI - JANUARY

The Shift of Sentencing Paradigm from Retributive to Restorative Justice in the Indonesian Criminal Justice System

Carolina S. Martha (Kota Depok, Beji)
Angga Aldilla Gusman (Universitas Jambi)
Ainurrafiqa Pelupessy (Universitas Khairun)



Article Info

Publish Date
25 Jan 2026

Abstract

The development of modern criminal law thought indicates a significant shift in the sentencing paradigm from a retributive approach toward a restorative one. The retributive paradigm, which emphasizes punishment and retaliation for criminal acts, has increasingly been criticized for its inability to deliver substantive justice for victims, offenders, and society. In contrast, restorative justice emerges as an alternative paradigm that prioritizes restoration, dialogue, and the active participation of all parties affected by crime. This article aims to analyze the shift in sentencing paradigm from retributive to restorative justice within the Indonesian criminal justice system and to examine its implications for national criminal law reform. This study employs a qualitative legal research method using normative and conceptual approaches, relying on statutory analysis, legal doctrines, and relevant criminal justice policies. The findings reveal that restorative justice has gained increasing recognition in Indonesia through recent regulations and law enforcement policies. However, its implementation still faces substantial challenges in terms of legal substance, institutional structure, and legal culture. The novelty of this article lies in its comprehensive analysis of restorative justice not merely as an alternative mechanism, but as a potential new sentencing paradigm capable of reshaping the core orientation of Indonesian criminal law.

Copyrights © 2026






Journal Info

Abbrev

JOSI

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

The journal publishes original articles on current issues and international trends in the field of criminal law. The purpose of the publication of this Journal is to provide a space to publish critical thinking on original research results, as well as conceptual ideas from academics, researchers, ...