Borobudur Law and Society Journal
Vol. 5 No. 3 (2026)

Paradigmatic Change in Civil Law: The Draft Civil Code Bill and the Limits of Restorative Justice

Maheswara, Savero Galih (Unknown)
Dhia, Jihan Firyal (Unknown)
Bintang, Aulia Komala (Unknown)
Harahap, Roosdiana (Unknown)



Article Info

Publish Date
31 May 2026

Abstract

Indonesian civil law still rests on a colonial Civil Code, and reform discussions increasingly invoke a ‘paradigm shift’ toward restorative justice, a doctrine developed in criminal and juvenile justice. This article asks what has actually changed in Indonesian civil law, whether the Draft Civil Code Bill can be said to adopt restorative justice, and how restorative principles could enter civil dispute resolution without weakening legal certainty. It is normative legal research using statutory and conceptual approaches to the Civil Code, the legislation on mediation, arbitration, electronic transactions, personal data, marriage and agrarian law, and the recent restorative justice instruments in criminal law, read with the literature on restorative justice. The findings are that the real shifts lie in access to justice, court-annexed mediation, electronic transactions and the recognition of customary communities, that the Civil Code is form-neutral so that electronic contracts expose a gap in proof and harmonisation rather than in validity, and that no analysed text of the Draft Civil Code adopts restorative justice, so the claim remains a proposal. Restorative principles fit family, inheritance and neighbour disputes through mediation, but not where power is unequal. The article recommends a bounded restorative clause, protective safeguards and enforceable public participation.

Copyrights © 2026






Journal Info

Abbrev

blastal

Publisher

Subject

Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

Description

Borobudur Law and Society Journal (BLASTAL) is a Journal of Legal Studies published by Faculty of Law, Universitas Muhammadiyah Magelang. This journal publishes six times a year. The scopes of BLASTAL, but not limited to, are: Constitutional Law, Criminal Law, Civil Law, Islamic Law, Environmental ...