JURNAL ILMIAH LIVING LAW
Vol. 18 No. 2 (2026): Jurnal Ilmiah Living Law

Litigation of Restorative Justice in Handling Criminal Cases in Indonesia

Sapia Waleulu (Universitas Muhammadiyah Yogyakarta)
Trisno Raharjo (Universitas Muhammadiyah Yogyakarta)



Article Info

Publish Date
25 Aug 2026

Abstract

Restorative Justice (RJ) is now an alternative paradigm in the Indonesian criminal justice system. Restorative justice focuses on restoring the relationship between the perpetrator, the victim, and the community. Not just imposing a punishment. Several regulations have already been made. Perma Number 1 of 2024 on guidelines for adjudicating criminal cases based on Restorative Justice. Attorney General Regulation Number 15 of 2020 concerning the termination of prosecution based on Restorative Justice. But its implementation in the field? Still facing various obstacles. This research aims to examine the normative construction of restorative justice and its implementation in the Indonesian criminal justice system. Identifying the legal, institutional, and philosophical limitations that hinder the effectiveness of Restorative Justice Formulating a limitation model based on proportional, objective, and just parameters. This research method uses a normative legal method. Supported by three approaches: the legislative approach, the conceptual approach, and the comparative approach. Findings. There are three main factors that cause the limitations of Restorative Justice: inconsistency in cross-agency regulations. Disparity in institutional capacity, philosophical conflict between retributive values and restorative principles, recommendations. This research reconstructs a model of proportional, objective, and fair limitations on restorative justice. This model is necessary to ensure legal certainty and consistency in the enforcement of Restorative Justice in Indonesia.

Copyrights © 2026






Journal Info

Abbrev

livinglaw

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Jurnal Ilmiah Living Law (e-ISSN number 2550 1208) is an Open Journal System that managed by postgraduate school of Djuanda University, majoring of Law Studies. This journal is published twice a year. The Scopes are about: Bussiness Law, Property Law, Land Law, Tax Law, Islamic Economic Law, and ...