Jurnal Al-Ahkam : Jurnal Hukum Pidana Islam
Vol 8 No 1 (2026): Al-Ahkam : Jurnal Hukum Pidana Islam

TRANSFORMING RESTORATIVE JUSTICE THROUGH CUSTOMARY LEGAL TRADITIONS IN INDONESIA’S CRIMINAL LAW REFORM

Izu Cynthia Chukwufumnanya (Achievers University, Nigeria)
Safrin Salam (Faculty of Law, Universitas Muhammadiyah Buton, Indonesia)
Elfrida Ratnawati (Faculty of Law, Universitas Trisakti)
Asmah (Faculty of Law, Universitas Sawerigading)
Ibrahim Kayode Muhammed (Minaret University Ikirun)
Callistus Odeh (Ural Federal University)



Article Info

Publish Date
29 Apr 2026

Abstract

Restorative justice has become an important paradigm in contemporary criminal justice reform, particularly in societies with strong customary legal traditions. This study examines how restorative justice can be strengthened through Indonesian customary law within the context of recent criminal law reform. The research aims to analyze the relationship between restorative justice principles and customary dispute resolution and to propose an institutional framework that integrates these mechanisms within the formal criminal justice system. This study applies a qualitative socio-legal approach combining normative legal analysis, restorative justice theory, and comparative legal perspectives. Legal pluralism is used as the analytical framework to examine interactions between customary institutions and state criminal justice mechanisms. Data are drawn from statutory regulations, academic literature, and documented practices of customary dispute resolution in Indonesia. The findings show that many Indonesian customary legal traditions already embody restorative justice principles, including mediation, reconciliation, restitution, and community participation. These practices emphasize restoring social harmony rather than imposing punitive sanctions. However, significant institutional gaps remain between customary dispute resolution and formal criminal justice procedures. The study identifies the need for legal recognition of customary settlements, coordination between community leaders and legal authorities, and procedural safeguards to ensure fairness and compliance with constitutional and human rights standards. The study concludes that integrating customary restorative mechanisms within Indonesia’s criminal justice reform can enhance legal legitimacy, cultural relevance, and the effectiveness of restorative justice policies.

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Journal Info

Abbrev

al-ahkam

Publisher

Subject

Description

The aim of Al-Ahkam Journal: Journal of Islamic Criminal Law is to promote and publish research-based articles having a depth discussion of the theories and practices of Islamic Law and Criminal Law related concerns by encouraging inquiries into relationship between theoretical and practical ...