Journal of Legal and Cultural Analytics (JLCA)
Vol. 5 No. 3 (2026): August 2026

Integrating Customary Institutions Into Indonesia’s Restorative Justice System: A Village-Based Legal Framework

Mochammad Rachmat Rizqi Harjanto (Universitas Jenderal Soedirman)
Faoyan Agus Furyanto (Politeknik Penerbangan Surabaya)



Article Info

Publish Date
31 Aug 2026

Abstract

Restorative justice offers an alternative to punitive criminal justice by prioritizing victim recovery, offender accountability, reconciliation, and community participation. This study examines the legal foundations, institutional functions, implementation constraints, and governance requirements of village-based restorative justice in Indonesia. It uses normative legal research with a socio-legal perspective, drawing on legislation, institutional regulations, legal doctrine, and documented customary practices. The analysis finds that constitutional recognition of customary communities, village-governance legislation, and restorative justice rules create a basis for local participation, but do not confer autonomous criminal jurisdiction on villages. Customary institutions may facilitate mediation, reconciliation, restitution, and reintegration in eligible minor disputes. Implementation remains constrained by fragmented authority, uneven mediator competence, weak documentation, elite influence, and risks to victims and vulnerable groups. The study proposes a four-pillar framework comprising legal clarity, institutional capacity, victim protection, and coordinated oversight, positioning village mechanisms as a supervised complement to formal criminal justice in practice.

Copyrights © 2026






Journal Info

Abbrev

jlca

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

The Journal of Legal and Cultural Analytics (JLCA) , is a fully open access scientific peer-reviewed journal on all aspects of law and culture. It welcomes contemprorary and traditional legal articles as well as interdisciplinary work, and invites submissions from scholars, practitioners, ...