Criminal Law Enforcement Based on Restorative Justice in Indonesia

Abstract

This study aims to analyze law enforcement in the criminal justice system based on the value of restorative justice. The problem is the approach used in criminal law enforcement is mostly still giving a deterrent effect and conventionally imposing the law itself. The ideal law enforcement has to be supported by awareness of the role of punishment as a social sub-system, community’s influence is quite significant in efforts to enforce the law. The efforts to develop law enforcement with the concept of restorative justice are the ones that are directed at reforming criminal law in Indonesia. This research was conducted to identify how restorative justice is regulated in law enforcement that is centered on recovering the crime victims from the losses and suffering they undergo. This is interesting to study through the concept of restorative justice-based law enforcement. The research method is normative jurisdiction with the approach of the rule of law and the concept approach. The results of the research show that restorative justice has not been maximally used as a basis for consideration and a center for law enforcement because it focuses more on retaliation for criminals over the crimes they have committed. The value of restorative justice is specifically limited to the punishment of children, which is regulated in Act Number 11 of 2012 concerning the Criminal Justice System for Children. In other words, the law enforcement has not been satisfying because one of its objectives is recovery of victims. Keywords: Law Enforcement, Restorative Justice, Criminal Law DOI : 10.7176/JLPG/92-04 Publication date: December 31 st 2019