A Juridical Review of Restorative Justice in Assault Criminal Cases at the Investigation Stage: A Case Study of Case No. LP/185/XII/2024/SPKT/SK.KUTA/RES BADUNG/POLDA BALI
Year: 2026
Type: article
Abstract: Criminal law enforcement in Indonesia has long been dominated by a retributive approach that emphasizes punishment, often overlooking the restoration of victims' rights. Restorative justice emerges as an alternative approach that focuses on resolving conflict through deliberation between the offender, the victim, and the community to achieve a more humanistic form of justice. This research examines the legal framework of restorative justice in assault cases under Indonesian law and analyzes the normative issues arising from its implementation at the investigation stage, based on Case Study No. LP/185/XII/2024/SPKT/SK.KUTA/RES BADUNG/POLDA BALI at the North Kuta Sector Police. This study uses normative legal research methods with statutory and conceptual approaches. The findings indicate that restorative justice has been formally accommodated through the Indonesian National Police Regulation Number 8 of 2021, which allows investigators to terminate cases based on peace agreements. However, this provision creates disharmony with the Criminal Procedure Code (KUHAP), which only recognizes three legal grounds for case termination, excluding reconciliation. Moreover, Article 351 of the Indonesian Criminal Code (KUHP) categorizes assault as a general offense (delik biasa), meaning the legal process should proceed regardless of whether the victim withdraws their complaint. Therefore, applying restorative justice in such cases raises legal issues due to the potential for investigators to act ultra vires, creates legal ambiguity, and may lead to abuse of authority. This research concludes that legal reform is necessary to harmonize restorative justice with the principles of legality and the national criminal law system, especially by establishing a clear statutory basis to ensure its application upholds legal certainty and the principle of equality before the law.
Institution: Universitas Mahendradatta
Language: English
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: hybrid
OpenAlex ID: W7168024480