RESTORATIVE JUSTICE SEBAGAI WUJUD HUKUM PROGRESIF DALAM PERATURAN PERUDANG-UNDANGAN DI INDONESIA

Abstract

Currently, there are many settlements of criminal acts carried out using a Restorative Justice approach, both at the police, prosecutor's and court levels. This certainly shows positive things related to law enforcement in Indonesia. Indonesia as a country that adheres to a civil law legal system that prioritizes positive law in its law enforcement process. One of the characteristics of the civil law legal system is the judge as a mouthpiece of the law. The concept of a restorative justice approach is an approach that focuses on the conditions for creating justice and balance, for perpetrators of restitution or compensation for victims, this is one of the goals of law, namely justice apart from legal certainty and benefit. As for the formulation of the problem in this study, how is the concept of restorative justice as a form of progressive law in Indonesian statutory regulations?. The purpose of this study is to determine the concept of restorative justice as a form of progressive law in Indonesian legislation. The results of the study indicate that the application of restorative justice has been applied in several laws and regulations and other technical regulations. The application of restorative justice has been implemented in several laws and regulations and several technical regulations related to the application of restorative justice with a deversion approach, namely the settlement of cases outside the trial. That the application of restorative justice is a new milestone in the reform of criminal law reform (criminal justice system) which still prioritizes prison law.