Implementation of Restorative Justice in Criminal Cases in Indonesia

Abstract

Restorative justice has received attention in settlement of criminal cases in Indonesia. The settlement of cases in restorative justice has not been regulated in the Criminal Code and the Criminal Procedure Code. This concept is only regulated through regulations set by law enforcement agencies in the criminal justice system. The question of this research is how to implement restorative justice in solving cases in Indonesia? What is the model of restorative justice in the regulations and applied to customary law communities in Indonesia? This research is a doctrinal or normative legal research method. Restorative justice has been implemented in indigenous peoples in various parts of Indonesia, such as the Balinese indigenous peoples, the Bajawa indigenous peoples, Flores East Nusa Tenggara, the Lampung indigenous peoples and the Karo Batak indigenous peoples. The model of restorative justice that the Indonesian people have practiced is known as the Safeguard System. A model designed to handle case resolution through a restorative approach. Communities have various restoration programs as the primary means of dealing with various problems. The concept of restorative justice, applied in investigation, prosecution and court, adheres to a dual-track system model. This model is an alternative companion to the criminal justice system. The conflicting parties will be given the freedom to choose how to settle criminal cases. If the efforts through the restorative approach are successful, the settlement through the criminal justice system will be abolished.