Development of the Concept of Criminal Law Based on Restorative Justice in Combating Crime in Indonesia

Abstract

The criminal justice system in Indonesia has so far focused more on a retributive approach that is oriented towards punishing the perpetrator without paying sufficient attention to the recovery of victims and the social impact of crime. As a result, there is overcapacity in correctional institutions and high recidivism rates because perpetrators do not get optimal rehabilitation opportunities. As an alternative, restorative justice comes with a more humane and inclusive approach, emphasizing the recovery of victims, accountability of perpetrators, and community involvement in resolving cases. This research evaluates the effectiveness of the conventional criminal system and the implementation of restorative justice in Indonesia using a normative juridical and sociological approach. Data was obtained through interviews with law enforcement officials as well as studying literature and legal documents. The research results show that restorative justice provides benefits for victims, perpetrators, and society, such as more satisfying recovery, reduced recidivism, and the creation of social harmony. However, challenges in regulations, the capacity of law enforcement officials and public understanding are still obstacles. Therefore, it is necessary to reform criminal law regulations, increase the capacity of officers through training, and optimize the role of the community in implementing restorative justice. With these steps, the criminal justice system in Indonesia can become more fair, effective and sustainable