Restorative Justice in Criminal Cases in Indonesia: The Urgency of Reinterpretation and Concept for Reform

This study aims to clarify the need for reinterpreting restorative justice within the Indonesian criminal justice framework. It also articulates concepts about the reexamination of restorative justice within the Indonesian criminal justice system moving forward. This research employs a normative legal methodology utilising legal, conceptual, and philosophical frameworks. The author discovered that the history of restorative justice is well-known within the national legal system, according to the research findings. The principle of restorative justice was initially incorporated in Law No. 11 of 2012 concerning the Criminal Justice System for Minors. The primary issue encountered in the implementation of restorative justice in Indonesia is the prevailing perception that this method solely emphasises case resolution. This suggests that restorative justice is applicable solely during the pre-adjudication phase. Restorative justice can be implemented at every phase of the criminal justice process, including pre-adjudication, adjudication, and post-adjudication phases. Furthermore, the previous Criminal Code (KUHP) and the Criminal Procedure Code (KUHAP) have not accommodated the notion of restorative justice. The lack of established standards and processes for implementing restorative justice within the legal framework has resulted in varied interpretations by law enforcement officials in Indonesia, leading to a fragmented and inadequate understanding of restorative justice. Consequently, it is imperative to re-conceptualise restorative justice to prevent overlap among the sub-systems of the criminal justice system, prompting the author to assert that the implementation of restorative justice should occur within the prosecution framework