Restorative Justice Principles Serve as the Foundation of Criminal Justice Proceedings

Abstract

Restorative justice offers the opportunity for criminal resolution through mediation between victims and offenders via family group discussions and community-based services. The implementation of restorative justice principles relies on a country's chosen legal framework. While it may not be the primary system, integrating restorative justice principles can still enhance justice, certainty, and the effectiveness of the law. In Indonesia, law enforcement faces numerous unresolved issues, particularly concerning criminal cases within society. The expected fairness from law enforcement remains elusive for many Indonesians. Additionally, the country's criminal justice system lacks adequate provisions for victim support, often sidelining their needs in favor of focusing solely on perpetrators. Protecting victims' rights is integral to upholding human rights standards; thus, ensuring their rights are safeguarded is paramount. In Indonesia's current system, victims often receive less protection compared to suspects, highlighting the need for a more balanced approach. Progress towards justice for both victims and perpetrators requires law enforcement to adopt a progressive mindset, allowing flexibility in rule interpretation to better align with societal justice expectations, as the law is not merely a set of texts but a tool for achieving desired justice outcomes. in a country that does not adhere to restorative justice because it does not rule out the possibility of applying a principle of restorative justice to obtain justice, certainty and benefits in law enforcement because it cannot resolve a problem in cases of criminal acts by one party against another to fulfill a sense of justice. for law enforcement that the public cannot yet experience in the criminal justice system in Indonesia. Implementing Restorative Justice will ensure that criminals will not repeat crimes in the future. Because progressive law is a law made by humans, institutions that make regulations must reflect an integration that reflects justice so that the law that is formed is expected to be right on target and create justice and order that is desired by victims and the community, a legal state that is transparent and creates a belief in the country in implementing restorative justice