The Concept of Restorative Justice as a Means of Legal Protection for Victims of Crime in Indonesia

Abstract

This research aims to determine how the concept of legal regulation regarding Restorative Justice is used as legal protection for victims of criminal acts in Indonesia. The analysis used in this study is qualitative with a normative juridical approach. This study concludes that the restorative justice paradigm offers another way of dealing with crime. According to the restorative justice paradigm, the process of resolving crimes involves the perpetrators, victims, and the community. The Criminal Code regulates more about protecting the rights of suspects, defendants, and convicts as part of protecting human rights. Progressively various laws and regulations have become the legal basis for the settlement of criminal cases by implementing the restoration of justice as the protection of victims of crime, social recovery, and reducing the burden on the state. The Criminal Code is also still oriented towards retributive justice, which is punitive as retaliation for the perpetrators of criminal acts. In the retributive justice paradigm, the sanctions imposed are not aimed at retaliating against the perpetrators of the crime but sanctions that can arouse the perpetrator's responsibility for the suffering of the victim or sanctions that aim to restore the suffering of the victim.

Exploring the Effectiveness of Restorative Justice Practice in Criminal Law System

“…Despite these legal developments, the application of restorative justice in Indonesia remains limited and faces various challenges, such as a lack of public understanding of the concept, limited resources, and a lack of support and coordination between institutions [13]. Additionally, the Criminal Code is still oriented towards retributive justice, which focuses on punitive measures as retaliation for criminal acts rather than restoration and rehabilitation [14]. In recent years, there have been efforts to further integrate restorative justice into the Indonesian legal system.…”