Implementation of Restorative Justice as an Effort to Resolve Minor Criminal Acts in the Criminal Justice System in Indonesia
Year: 2025
Type: article
Abstract: Restorative justice is a criminal case resolution model that prioritizes the recovery of victims and the community, where the provisions on restorative justice are regulated by each law enforcement agency in Indonesia at the investigation, prosecution and trial stages so as to cause differences in its application. This research is normative legal research, using a legislative approach and a case approach. The results of the research are, First, the regulation of restorative justice regulated in Police Regulation Number 8 of 2021, Prosecutor's Regulation Number 15 of 2020, and Supreme Court Regulation Number 1 of 2024, there are still differences related to the type of criminal act, the conditions and mechanisms in the application of restorative justice so that it can cause injustice for the parties involved in criminal cases. Second, the effectiveness of restorative justice in the criminal justice system has not been optimally applied, where at the investigation stage, there are formal provisions that are not implemented by the investigator related to the approval of the investigator's superiors, then at the prosecution and trial stages, restorative justice is applied to cases with a loss value that exceeds the maximum amount specified in the prosecutor's regulations and supreme court regulations.
Author: Agung Ardiyansyah
Institution: Universitas Trisakti
Language: English
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: hybrid
Funder: Universitas Trisakti
OpenAlex ID: W4409568115