Contribution of Restorative Justice Practice in Baduy’s Culture Criminal Justice System Reform

Abstract

Criminal justice system emphasizes on an offender-oriented paradigm, such as how to impose an appropriate and a fair punishment to the offender. On the other hand, the victim has no right in the criminal justice system, with a unique role as the key witness. This article based on research which had performed in Baduy, Banten-Tangerang Indonesia. This research rests on the socio-legal research approach by using hermeneutics philosophy. The research outcomes are as follows: The values contented on restorative justice practice in Baduy's culture can be identified within criminal justice process, such as 1) Victim and his/her family have a position similar with offender in the adjudication process; 2) All process in the adjudication aims to restore all damages and injuries, to restore and clean up of the offender's inner, and to restore peace, cosmos, and social re-cohesion; 3.All process will end with restitution, forgiveness, and punishment, if the conference could proof the offense and blameworthiness of the offender. Criminal Justice System applied in Indonesia today is based on the old concept, which only focuses on the offender and less to the victim. Restorative justice practices in Baduy culture can be applied in the adjudication. There are two types of adjudications in criminal cases: family conference and the Customary Criminal Court. All types of adjudication have to involve the victim and his/her family. This restorative justice concept can be applied in criminal justice system reform to achieve substantive justice for all parties.