Keadilan Restoratif Pada Tahap Penyelidikan: Analisis Normatif Terhadap Inkonsistensi Dan Potensi Penyalahgunaan Kewenangan
Year: 2026
Type: article
Abstract: Restorative justice is a law enforcement paradigm that emphasizes the restoration of conditions resulting from criminal acts through the involvement of victims, offenders, and the community in the dispute resolution process. This approach differs from retributive justice, whis is primarily oriented toward punishing offenders. This study aims to analyze the implementation for restorative justice mechanisms at the preliminary inquiry stage and to examine their consistency with the fundamental principles of restorative justice. The research employs a normative juridical method using conceptual, historical, comparative, and statutory approaches. The findings demonstrate that restorative justice may only be applied to criminal events that have been clearly identified, including the criminal act itself, the offender, and the victim who has suffered harm. In contrast, at the preliminary inquiry stage, there is No. legal certainty as to whether an event constitutes a criminal offense, nor regarding the legal status of the parties involved in such event, thereby creating an inconsistency with the very essence of restorative justice. Furthermore, the termination of preliminary inquiries through restorative justice mechanisms does not involve external supervision, creating significant potential for abuse of authority and weakening the system of checks and balances. This study concludes that the implementation of restorative justice at the preliminary inquiry stage constitutes a premature legal policy and is incosistent with the essential principles of restorative justice itself.
Authors: Maruli Jonathan, Rahadi Wasi Bintoro
Institution: Jenderal Soedirman University
Language: English
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: hybrid
OpenAlex ID: W7225796140
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