Conflict of Norms and Ideal Concepts in the Implementation of Restorative Justice in the Criminal Justice System in Indonesia

Restorative justice is a criminal case resolution model that prioritizes the recovery of victims and the community, where the provisions on restorative justice are regulated by each law enforcement agency in Indonesia at the investigation, prosecution and trial stages so as to cause differences in its application. This research is normative legal research, using a legislative approach and a case approach. The results of the research are, First, the regulation of restorative justice regulated in Police Regulation Number 8 of 2021, Prosecutor's Regulation Number 15 of 2020, and Supreme Court Regulation Number 1 of 2024, there are still differences related to the type of criminal act, the conditions and mechanisms in the application of restorative justice so that it can cause injustice for the parties involved in criminal cases. Second, the effectiveness of restorative justice in the criminal justice system has not been optimally applied, where at the investigation stage, there are formal provisions that are not implemented by the investigator related to the approval of the investigator's superiors, then at the prosecution and trial stages, restorative justice is applied to cases with a loss value that exceeds the maximum amount specified in the prosecutor's regulations and supreme court regulations.

Purpose: The short-term objective expected from this research is to find the root of legal problems regarding the legal regulation of Restorative Justice, while the long-term objective of this research is that it can be an appropriate and effective framework in the application of Restorative Justice in the Indonesian criminal justice system. Methods: The research used is normative legal research: Analysing legal materials and legislation to understand the legal position of Restorative Justice through statutory and conceptual approaches. Theoretical Reference: The theory used in this research is restorative justice theory. Result and Conclusion: The results of the research The concept of Restorative Justice has been regulated in various laws and regulations in Indonesia, such as regulations of the Supreme Court, the Attorney General's Office, and the Indonesian National Police. However, these regulations have not been unified into one comprehensive law, resulting in legal uncertainty. Experts define Restorative Justice as a process that involves victims, perpetrators, and other relevant parties to find a fair solution and return the situation to its original state. The concept is in line with calls for alternative dispute resolution and community involvement in resolving conflicts. The implementation of Restorative Justice requires legal reform to accommodate its principles within the existing criminal justice system. This research highlights the need for comprehensive legislation on Restorative Justice in Indonesia. It provides a basis for further research into the implementation and effectiveness of Restorative Justice in criminal cases in Indonesia. Implications of research: This research highlights the need for comprehensive legislation on Restorative Justice in Indonesia. This study provides a basis for implementation and effectiveness of Restorative Justice in criminal cases in Indonesia. Mediators facilitate clear communication between perpetrators and victims. Restorative Justice aims for restoration and redemption outside court. It addresses legal problems arising from crimes. Restorative principles provide fairness and legal benefits. Originality: This paper discusses restorative justice in the criminal justice system. It emphasises the involvement of victims and offenders in the resolution process. Restorative justice aims for restoration, reconciliation and healing. This approach seeks to empower victims and communities. There are several articles that discuss restorative justice. an article entitled restorative justice as an alternative to criminal offence resolution and its influence in the criminal justice system written by heny saida discusses restorative justice that ignores victim recovery.

The application of justice collaborator in the Criminal Justice System in Indonesia is based on the Regulatory Provisions of Law Number 31 of 2014 concerning Amendments to Law Number 13 of 2006 regarding the Protection of Witnesses and Victims, Supreme Court Circular Number 4 of 2011 and Joint Regulation of the Minister of Law and Human Rights, Attorney General, Chief of Police, Chairman of the KPK and Chairman of LPSK. However, in its application as an instrument of law enforcement, there are still various problems in terms of the substance of the legislation used, the mechanism of its application, the authority of institutions in terms of protection, the pattern of application of justice collaborators which is full of disparities to the proportionality of law enforcement officials' views on justice collaborators. This research is a normative legal research, where normative research is research that examines legal problems that include research on legal principles, theories, legal systematics and application of law in the form of court decisions. The results of this study show that: (1) The regulation of justice collaborator in positive law in Indonesia has not been able to provide a scanty regulation so that the application of justice collaborator as an instrument of law enforcement in the criminal justice system in Indonesia has not been effective and efficient. This can be seen from the various problems that arise that cause difficulties in implementing justice collaborators because there is no solution to these problems in positive law in Indonesia. (2) Legal protection and appreciation to justice collaborators are forms of appreciation to justice collaborators for their contributions to the disclosure of serious and organized crimes. In addition, this protection and award is intended to ensure the safety of justice collaborators who are in vulnerable positions and as an effort to build a penal model with a protection and correctional perspective. In order to realize justice, certainty and legal expediency, the application of justice collaborator requires detailed arrangements related to the mechanism and system of its application, because if there is still uncertainty in the mechanism and system of its application, the protection and rewards mandated by law for justice collaborators become useless. The application of Justice collaborator in the Criminal Justice System in Indonesia is based on the Regulatory Provisions of Law Number 31 of 2014 concerning Amendments to Law Number 13 of 2006 regarding the Protection of Witnesses and Victims, Supreme Court Circular Number 4 of 2011 and Joint Regulation of the Minister of Law and Human Rights, Attorney General, Chief of Police, Chairman of the KPK and Chairman of LPSK. However, in its application as an instrument of law enforcement, there are still various problems in terms of the substance of the legislation used, the mechanism of its application, the authority of institutions in terms of protection, the pattern of application of justice collaborators which is full of disparities to the proportionality of law enforcement officials' views on justice collaborators. The formulation of the problems in this study: (1) Has the regulation on Justice collaborator in positive law in Indonesia been able to answer the needs of law enforcement as well as protection and reward for justice collaborator? (2) Why do justice collaborators need to be given legal protection and rewards? This research is a normative legal research, where normative research is research that examines legal problems that include research on legal principles, theories, legal systematics and application of law in the form of court decisions. The results of this study show that: (1) The regulation of justice collaborator in positive law in Indonesia has not been able to provide a scanty regulation so that the application of justice collaborator as an instrument of law enforcement in the criminal justice system in Indonesia has not been effective and efficient. This can be seen from the various problems that arise that cause difficulties in implementing justice collaborators because there is no solution to these problems in positive law in Indonesia. (2) Legal protection and appreciation to justice collaborators are forms of appreciation to justice collaborators for their contributions to the disclosure of serious and organized crimes. In addition, this protection and award is intended to ensure the safety of justice collaborators who are in vulnerable positions and as an effort to build a penal model with a protection and correctional perspective. In order to realize justice, certainty and legal expediency, the application of justice collaborator requires detailed arrangements related to the mechanism and system of its application, because if there is still uncertainty in the mechanism and system of its application, the protection and rewards mandated by law for justice collaborators become useless.

This research aims to determine the position of restorative justice in the criminal justice system in Indonesia and to determine the application of restorative justice in the criminal justice system. This type of research uses empirical legal research, empirical legal research is a legal research method that functions to see the law in real terms and examine how law works in society. The position of restorative justice in the criminal justice system in Indonesia can provide justice that focuses on the needs of the victims, perpetrators of crimes, and also involves community participation, and does not merely fulfill legal provisions or merely impose criminal penalties. In this case, the victim is also involved in the process, while the perpetrator of the crime is also encouraged to take responsibility for his actions, namely by correcting the mistakes he has made. The implementation of restorative justice in the criminal justice system can be seen from various policies and laws and regulations currently in force, but in reality there are inconsistencies between enforcement officials in implementing restorative justice in a case. In fact, many cases ignore restorative justice and result in the criminal being convicted.

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

The goal of this community service program is to provide knowledge about the application of restorative justice in the region within the framework of a rule of law, where the criminal justice system in Indonesia is currently still dominated by a retributive approach, which focuses on punishment and revenge against offenders of criminal acts. This approach often receives criticism due to the lack of attention to the recovery of victims and the social reintegration of offenders. This has encouraged the search for alternative resolutions to criminal acts that are more humane and focused on recovery, yet still within a legal framework. One alternative that has gained a lot of attention in recent years is restorative justice (restorative justice). Restorative justice is a problem-solving method through deliberation. This approach emphasizes the restoration of relationships between the offender and the victim, as well as the social reintegration of the offender. Restorative justice views criminal acts as violations of social relationships, rather than merely violations of the law. However, the issues faced by the community regarding the implementation of Restorative Justice in the area are still very unfamiliar, with many people not yet knowing or understanding it. Through this socialization, it was found that the community is capable of understanding the procedures for resolving disputes through community leaders using restorative justice. Keywords: Restorative Justice, Rule of Law, Mulur Village

This article aims to find out the general concept of restorative justice for children and to analyze the concept of restorative justice through the diversion system in Act No. 11 of 2012 concerning the Juvenile Criminal Justice System for the settlement of child criminal cases in Indonesia. In certain cases, children who are perpetrators of criminal acts are of particular concern to law enforcement officials. Therefore, various efforts to prevent and overcome children in conflict with the law need to be carried out immediately. Efforts to prevent and overcome children in conflict with the law today are through the implementation of a juvenile criminal justice system. To carry out guidance and provide protection for children, support is needed, both concerning institutions and more adequate legal instruments. One solution that can be taken in solving cases of juvenile crime is a diversion system. Diversion is not a peaceful effort but a form of punishment against children who are in conflict with the law in an informal way. Diversion is carried out to provide protection and rehabilitation to perpetrators in an effort to prevent children from becoming adult criminals. Diversion of child perpetrators of criminal acts is carried out by the three components of the criminal justice system in Indonesia, from the police, prosecutors to courts. Diversion is carried out to provide protection and rehabilitation to perpetrators in an effort to prevent children from becoming adult criminals. Diversion of child perpetrators of criminal acts is carried out by the three components of the criminal justice system in Indonesia, from the police, prosecutors to courts. Diversion is carried out to provide protection and rehabilitation to perpetrators in an effort to prevent children from becoming adult criminals. Diversion of child perpetrators of criminal acts is carried out by the three components of the criminal justice system in Indonesia, from the police, prosecutors to courts.

This essay discusses the concept of Restorative Justice within the criminal justice system in Indonesia, which aims to address the limitations of traditional retributive approaches. Restorative Justice emphasizes the restoration of relationships between offenders, victims, and the community, as well as the repair of harm suffered by victims. Although it has gained more serious attention in policies and regulations, the implementation of Restorative Justice in Indonesia still faces various challenges, including a lack of understanding among law enforcement officials and cultural resistance. This article also provides recommendations for further development of Restorative Justice, including enhancing education for law enforcement, public campaigns, and psychological support for victims. By applying the principles of Restorative Justice, it is hoped that the criminal justice system in Indonesia can become more humane and effective.

It is time for Critical Legal Studies as a critical thought to be used to criticize the application of law in Indonesia. This criticism is very useful to build Indonesia which is in a transitional period as it is today from the forces that try to dominate both from our own country and abroad (international capitalist powers) and this is very dangerous. The criticality of Critical Legal Studies which is behind the emergence of a reform of the social reality and legal system that already exists in Indonesia, and its commitment to develop it as a legal theory and give birth to an innovation in the Indonesian judicial system with the application of Restorative Justice in state law enforcement institutions.Thoughts in modern science which have been in the corridor of modernist-positivistic hegemony with empirical, objectivist, and rational doctrines have begun to be challenged by transcendentalists. Transcendental thinking is seen more in religious, spiritual, ethical, and moral values.Restorative justice is an approach that aims to build a judicial system that is sensitive to legalissues, restorative justice is a form of criticism of the criminal justice system in Indonesia today which tends to lead to retributive goals, namely emphasizing justice in retaliation. Restorative justice is one of the spiritual intelligences (Spiritual quotient) for humans according to transcendental law because it is able to build new perspectives and horizons in the life of the criminal justice system in Indonesia that revenge is not the only final goal to achieve justice, that there is a role for victims to participate in determining thought process. Restorative Justice is a human spiritual intelligence capable of building humans to be more creative and able to overcome essential problems.Keywords: Transcendental Principles, Restorative Justice, Critical Legal Theory Studies

Traffic accidents are a severe problem that significantly impacts people's safety and well-being. In Indonesia, the restorative justice approach has been adopted as an alternative to resolving traffic accident cases, which aims to restore the relationship between the perpetrator and the victim and reduce the burden on the criminal justice system. This study focuses on the effectiveness of the implementation of restorative justice by the Bintan Subregional Police in resolving traffic accident cases in Batam City, as well as its implications for the parties involved. This study aims to analyze how the application of restorative justice can affect the settlement of traffic accident cases, assess the effectiveness of this approach, and identify relevant obstacles and solutions to optimize its implementation. The research method used is qualitative, collecting data through in-depth interviews, observations, and document analysis. The research respondents comprised police officers, victims, perpetrators, and community leaders involved in the mediation process. The study results show that implementing restorative justice by the Bintan Subregional Police has excellent potential to create a fairer and more satisfactory settlement for all parties involved. However, its effectiveness is still hampered by limited resources and training for the police, lack of public understanding, and suboptimal coordination between institutions. The proposed solutions include increasing training programs for police officers, drafting more detailed regulations, and intensifying socialization to the public about the benefits and processes of restorative justice. The study suggests that police forces increase training and resources, communities are more active in supporting this approach, and governments develop regulations that support and improve coordination between agencies. By overcoming these obstacles, the application of restorative justice in resolving traffic accident cases can be more effective and provide more significant benefits to the community, as well as increase trust in the criminal justice system in Indonesia.

The Attorney General's Office of the Republic of Indonesia is a public prosecutor's office located in the capital city of the Republic of Indonesia, which is directly responsible under the president and whose jurisdiction covers the territory of the Republic of Indonesia. The Prosecutor's Office of the Republic of Indonesia is a state institution that exercises state power, especially in the field of prosecution. As a body that has the authority to enforce law and justice, the prosecutor's office is led by the Attorney General who is elected by and responsible to the president. The Prosecutor's Office as one of the state institutions in law enforcement is required to play a greater role in upholding the rule of law, protecting the public interest, upholding human rights, and eradicating corruption, collusion, and napotism. Restorative justice is one of the concepts of law enforcement in the settlement of cases that can be used as an instrument of recovery and has been implemented by the Supreme Court in the form of policy enforcement, but its implementation in the criminal justice system in Indonesia is still not optimal. Restorative justice is an alternative for solving criminal cases which in the mechanism of criminal justice procedures focus on punishment which is converted into a dialogue and/or mediation process involving the perpetrator and the victim to create an agreement on the settlement of criminal cases that is fair and balanced for the victims and the perpetrators themselves. . Meanwhile, according to the legal perspective, corruption is an act against the law with the intention of enriching oneself and/or other people, both individuals and corporations that can harm the state, such as bribery, extortion, embezzlement in office, fraudulent acts, conflicts of interest in procurement, and gratuities

This research aims to analize the legal regulation against children criminal act through restorative justice system. The settlement of child criminal cases against the law must be prioritized regarding the children principles and rights through the arrest, detention, and imprisonment as a ultimum remedium in a short time. This research is normative legal research since it analyze the law and regulation on children criminal act based on restorative justice, which means the solutions of the problems found in this research based on Indonesia Laws and literatures regarding the problems faced. The restorative justice is a method of resolving criminal cases that prioritizes recovery between the two parties concerned, then the retaliation does not occur in the future. Restorative Justice of Criminal Justice System in Indonesia is regulated in Law Number 11 of 2012 concerning the Juvenile Criminal Justice System, but it has not been implemented widely in its application. Since the community still needs time to adjust to applicable rules, the integrity of the facility can be fulfilled with the composition of law enforcement officials and experts who are specially trained to handle juvenile criminal cases.

The problem to be described in this research is how to handle criminal acts using a restorative justice approach that is practiced in the Indonesian criminal justice system and how is the concept of restorative justice applied to criminal acts of corruption in Indonesian law? The approaches used by the author in this research are the statutory approach, case approach, historical approach, comparative approach and legal conceptual approach. The results of the research found that handling criminal acts using a restorative justice approach which is practiced in the Indonesian criminal justice system has become a new method for resolving criminal cases. This model places greater emphasis on conditions for creating justice and balance for criminal perpetrators and their victims. This model has now been implemented in the criminal justice system in Indonesia. Indonesia. This model continues to be developed and implemented in the criminal justice system in Indonesia to achieve the goals of justice, certainty and benefit because the focus of the approach in restorative justice focuses on justice for victims and perpetrators, so that the function of law is not only as certainty for society but also as justice and benefit to the community in line with local wisdom in resolving criminal cases. The application of the concept of restorative justice in criminal acts of corruption in Indonesian law is through the return of all proceeds from criminal acts of corruption along with all forms of profits which are carried out at the stage before the investigation is carried out, during the investigation, during the investigation up to the stage of examination in court. The application of restorative justice has not been specifically regulated in corruption legislation in Indonesia, however circular letters have been issued in several law enforcement agencies which regulate the application of restorative justice in criminal acts of corruption which prioritizes deliberation to return all the proceeds of criminal acts of corruption.

This study aims to answer two problems: first, how is the concept of implementing a bargaining system in the criminal justice system in the United States? Second, what is the urgency of implementing the Plea Bargaining System in reforming the criminal justice system in Indonesia. The research method used is juridical normative with a conceptual approach and comparison method. This paper intends to provide legal problem solving for the accumulation of criminal cases in Indonesia, namely by implementing a plea bargaining system in reforming the criminal justice system in Indonesia. This study concludes that, first, In the United States, the plea bargaining mechanism is carried out at the arraignment and preliminary hearing stages. Second, the plea bargaining system in the United States is regulated in the Federal Rules of Criminal Procedure rule 11. The urgency of implementing a plea bargaining system in the criminal justice system in Indonesia can be seen from several considerations, namely philosophical, juridical, sociological, and political-legal considerations. The conclusions and recommendations of the authors are implementing a plea bargaining system in reforming the criminal justice system in Indonesia in order to realize an effective and efficient criminal justice.

The restorative justice approach in the juvenile criminal justice system in Indonesia is an effort to create more humane justice by restoring relationships between perpetrators, victims and society. This study aims to analyze the effectiveness of implementing restorative justice in the juvenile criminal justice system in accordance with Law Number 11 of 2012 concerning the Juvenile Criminal Justice System. The research method used is a normative and empirical juridical approach by examining primary and secondary legal data, as well as interviews with law enforcement officials.The research results show that restorative justice has a positive impact in reducing the negative impacts of the justice process on children, such as stigmatization and barriers to social reintegration. However, its effectiveness is still hampered by a lack of understanding of law enforcement officials, a lack of supporting facilities, and low community involvement. To improve the implementation of restorative justice, intensive training is needed for law enforcement officers, strengthening the role of community institutions, as well as outreach to victims and the community regarding the benefits of this approach. It is hoped that this research can become a reference in developing policies that are more effective and oriented towards child protection in the criminal justice system in Indonesia.