Restorative Justice and Legal Pluralism in Indonesia: Implications for Atrocity Crimes and Global Criminal Justice Reform

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Authors: Achmad Irwan Hamzani, Sami’an Sami’an, Nur Khasanah
Cited by: 1

Abstract

Abstract Atrocity crimes generate complex relational and structural harms. These harms cannot be adequately addressed through a solely retributive paradigm. This article proposes the Restorative Pluralism Framework as a hybrid model that integrates Restorative Justice with Indonesia’s plural legal traditions. Drawing on a comparative–conceptual method and extensive literature, the study synthesizes critiques of retributivism, principles of Restorative Justice, insights from Transitional Justice, and the operation of legal pluralism in Indonesia. The findings reveal that Indonesia’s customary norms, religious values, and community-based mechanisms provide a culturally grounded foundation for restorative processes while remaining compatible with international accountability standards. The article argues that the Restorative Pluralism Framework not only enhances victim participation, acknowledgment, and social recovery but also enriches the complementarity regime within International Criminal Law. By bridging formal accountability with relational repair, the Restorative Pluralism Framework contributes to emerging global shifts toward more context-sensitive and victim-oriented justice.

Fields of Study & Subjects

Cambodian History and Society International Law and Human Rights Asian Studies and History

Publication details

Journal / source
International Criminal Law Review
Publisher
Walter de Gruyter GmbH
Volume
26
Issue
2
Pages
217–249
Publication date
13 January 2026