THE RESTORATIVE JUSTICE APPROACH AS AN ALTERNATIVE CRIMINAL SETTLEMENT IN INDONESIA

Abstract

ABSTRACT

As an alternative method for resolving criminal cases, Restorative Justice is a new approach model. In fact, this Restorative Justice approach model has been utilized in a number of nations with an emphasis on methods for resolving legal disputes between perpetrators, victims, and the community. Even though experts continue to debate this approach model at the theoretical level, it continues to grow, exist, and influence legal policies and practices in many countries. The Restorative Justice policy in Indonesia then adopts it. In this paper, the issue is how Restorative Justice can be used to settle criminal cases and how Restorative Justice works in Indonesia as a different way to settle cases. Through a number of provisions in Law No. 1 of 2023 pertaining to the Criminal Code and the diversion of children, the principle of Restorative Justice has been introduced throughout its development, particularly to ensure a balance of attention among stakeholders in criminal law (victims, perpetrators, society, and the state). Naturally, it is anticipated that this approach model will be incorporated into the upcoming reform of Indonesian criminal law to achieve the goals of justice, certainty, and expediency.

Keywords : Restorative Justice, Alternative Criminal Settlement, Criminal Case