Restorative Justice Research Articles

The study aims to analyze whether the doctrine of trademark dilution has provided corrective justice or otherwise, so that the balance of rights for trademark owners can be fulfilled.The methods used in this study are normative or doctrinal legal research methods. The research approaches used are legislative, conceptual, case-based, and comparative approaches.The novelty of this research lies in the perspective of corrective justice in analyzing court decisions related to dilution actions. This research is expected to contribute to further research and policy recommendations for the government and judges to produce regulations and decisions that are fair to trademark owners.The results of the comparative law study show that anti-dilution regulations in the United States are comprehensively regulated, but there are shortcomings in the courts. Court decisions regarding well-known trademarks are considered detrimental and do not restore the rights that have been violated. In fact, the main purpose of dilution is to provide legal protection for well-known trademarks. Indonesia itself has not yet fully regulated anti-dilution regulations.The concluded findings of this comparative legal study serve as a lesson for Indonesia so that future regulations can take into account the balance of rights between well-known trademarks and other trademarks in order to avoid market monopoly.

This study examined Indigenous justice systems, focusing on traditional practices, challenges with national legal systems, and their potential contributions to justice policies. Using a qualitative design, it employed in-depth interviews with Indigenous elders to gather insights on customs, experiences, and conflict resolution. The findings indicate that Indigenous justice systems maintain cultural sovereignty through practices rooted in tradition, community healing, and cultural identity. However, they encounter challenges when dealing with national legal systems, such as lack of recognition, limited resources, and differences in procedures. Unlike the state's retributive model, Indigenous restorative justice emphasizes healing, accountability, and community-based solutions. This approach offers enlightening perspectives for creating more compassionate and culturally aware policies. The study concludes that Indigenous justice systems provide culturally grounded and relationship-focused alternatives to punitive models. These contribute to ongoing discussions about legal pluralism, cultural preservation, and justice reform that seek to link Indigenous traditions with state frameworks. Keywords: Cultural sovereignty, legal pluralism, modern jurisprudence, restorative justice.

A deeply rooted paradigm persists today —based on convention— that assumes that everyone in prison deserves to be there and must suffer and feel pain as punishment. Contrary to that trend, the Nuevo León state, in Mexico, has pioneered new approaches to administering justice. Thus, the Agency for Penitentiary Administration has adopted a collaborative approach by strengthening partnerships with civil society organizations, volunteers, and restorative facilitators, to support social reintegration processes. Rather than waiting to see some results, there is a call for action from public or private spheres. Starting in 2019, in a more structured and formal way, restorative justice began to be administered through a rehabilitation program created by the undersigned, entitled “Una mente y un alma sin rejas” [Mind and soul free of bars]. It was designed as an individual program based on restorative justice principles aimed at incarcerated people. This research work was designed as a cross-sectional study, deployed from 2021 to 2023, during which time an offender-oriented individual program was deployed, with an emphasis on healing and addressing the root causes of criminal behavior.

This article provides a comprehensive analysis of the evolution of victimology and its impact, mainly on Colombian criminal law and other fields of law. It highlights the prevailing criminological paradigms—particularly traditional and contemporary criminology—and delves into its various theoretical approaches, including radical and critical victimology. These perspectives are examined for their contributions to understanding victimization and their influence on public policy development. The article also explores the procedural implications of victimology in Colombia through a detailed analysis of national and international legal instruments to safeguard victims’ rights. It concludes by emphasizing the fundamental role of victimology in promoting restorative justice focused on victims’ needs, thereby contributing to the strengthening of the criminal justice system and the construction of a more equitable and safe society.

This scientific investigation addresses how to integrate restorative practices into the school curriculum; that is, it aims to show how to work with school curriculum themes using, among other methodologies, tools provided by peacebuilding circles and Restorative Justice. The objective is to demonstrate that this integration is possible, based on educational planning oriented towards fulfilling this purpose. This is a partial analysis of data from an experimental study with public school teachers working in Basic Education in various regions of Brazil who are facilitators of peacebuilding circles. The bibliographic references are based on Boyes-Watson and Pranis (2011; 2018), BNCC (2018; 2024), and Piaget (1973). From the investigation, we show that restorative practices can be integrated into the school curriculum, thus resulting in the construction of a space conducive to learning and for students to develop the skills and competencies that are learning rights advocated by the BNCC.

Medical negligence is one of the most complex issues in Indonesia's criminal law system and healthcare services. This problem arises when medical actions do not meet professional standards, resulting in harm, serious injury, or patient death. This research aims to analyze criminal law regulations regarding doctors' liability in cases of medical negligence, identify juridical and normative constraints in proving it, and offer directions for legal reform to achieve a balance between legal protection for patients and legal certainty for medical personnel. This research uses a normative juridical method with statutory, conceptual, and case approaches. The research results show that the criminal liability of doctors has been regulated in the old Criminal Code (Articles 359 and 360), the new Criminal Code (Article 474 of Law Number 1 of 2023), and Law Number 17 of 2023 on Health. However, there is no lex specialis that clearly distinguishes between professional negligence and medical malpractice, resulting in overlaps between ethical, disciplinary, and criminal violations. The main obstacles in proving the element of fault (culpa) lie in the difficulty of determining the causal relationship between medical actions and their consequences, weak medical record documentation, and lack of synchronization between professional ethical mechanisms and criminal law processes. Therefore, legal reform is needed to clarify the boundaries of criminal liability for medical personnel through the implementation of alternative dispute resolution (ADR), restorative justice, and professional liability insurance systems. Comprehensive legal reform is expected to create a fair, balanced health law system that provides legal certainty for all parties.

Many factors differentiate the adversarial judicial system from its Yoruba traditional counterpart. This study gives readers a clear understanding of forgiveness and punishment as major components for engendering justice, social peace and reconciliation in Yoruba traditional justice administration. While on the other hand, argues that the adversarial justice has no room for forgiveness and reconciliation but awards penalties as means of retribution, deterrence, which often does not heal the wound occasioned by conflict. The thrust of the essay is that the general mindset of justice in Yoruba tradition engenders peaceful and harmonious settlement of conflicts unlike adversarial justice which leaves no room for reconciliation. The essay adopts Restorative Justice Theory in conjunction with data from Yoruba drama texts; Atari Ajanaku, Ogun Lakaaye and Ebi taa ni? The paper therefore concludes that, it is not in all situations that punishment related judgment serves the purpose of healing the wound, but the combination of the spirit of punishment and mercy foster unity. Therefore, suggests incorporating mercy and forgiveness in its dispute resolution mechanism.

The development of the criminal justice system in Indonesia, which was previously implemented with a retributive system, has not been fully able to fulfill the sense of justice for the community. A policy was issued with a restorative justice system that is oriented towards justice, considering that victims of criminal acts can not only experience material losses but are very likely to experience immaterial losses. The definition of restorative justice is an effort to provide a restoration of relationships and redemption of mistakes that the perpetrator of the crime (his family) wants to do to the victim of the crime (his family) with peace efforts outside the court. The intent and purpose are that legal problems that arise as a result of the criminal act can be resolved properly by reaching an agreement between the parties so that there is no element of revenge. This research is a type of normative juridical research, with the specification of descriptive analysis research. It uses research methods obtained by researchers indirectly through intermediary media and using library techniques, in analyzing the formulation of the problem using the theory of law application and the theory of legal protection. Restorative justice is currently not only a concern of the police and the Attorney General’s Office, but also the Supreme Court and several agencies in the Criminal Justice System in Indonesia. This can be seen from the issuance of a Joint Memorandum of Understanding between the Chief Justice of the Supreme Court of the Republic of Indonesia, the Minister of Law and Human Rights of the Republic of Indonesia, the Attorney General of the Republic of Indonesia, the Chief of Police of the Republic of Indonesia Number 131/KMA/SKB/X/2012 Concerning the Implementation of the Application of Adjustments to the Limits of Minor Crimes, the Amount of Fines, Fast Examination Procedures, and the Application of Restorative Justice and Supreme Court Regulation Number 1 of 2024 concerning Guidelines for Trying Criminal Cases Based on Restorative Justice. This requires special attention to the implementation of handling every criminal case that prioritizes restorative justice, because there is a conflict of norms in its application and handling since it is contrary to the Criminal Procedure Code. So, an ideal concept is needed in the criminal justice system in Indonesia, namely its handling by the law enforcement institution of the Attorney General’s Office.

This study examines the punishment of perpetrators of violent theft based on social justice, with the focus on Decision Number: 470/Pid.B/2024/PN.Mtr. The main issues raised are how the punishment process is applied, what are the weaknesses and solutions, and how judges consider making decisions. Indonesia as a country of law upholds the principles of justice and the supremacy of law, but crime, including violent theft, is still a serious challenge due to social pathologies such as economic inequality and lack of legal awareness. This study uses a normative juridical method with a descriptive analysis approach, collecting data from primary, secondary, and tertiary legal materials through literature studies and document studies. Data are analyzed qualitatively with deductive logic. The results of the study show that the judge’s decision tends to be formalistic and retributive, paying less attention to aspects of victim restitution and the socio-economic background of the perpetrator. The obstacles include the lack of normative guidelines, social pressure, and the lack of alternative sanctions oriented towards restorative justice. The solution includes the implementation of comprehensive restitution, checking the social background of the perpetrator, and systematically integrating a restorative approach to realize substantive justice that is more humane and in line with social justice.

The Prosecutor’s Office is one of the institutions in the criminal justice system that has an important position in law enforcement in Indonesia. The authority of the prosecutor’s office includes implementing court decisions in the form of returning criminal assets. In this journal, the problem raised is how the procedure for returning criminal assets is carried out at the Gianyar District Prosecutor’s Office, and whether the implementation of returning criminal assets carried out at the Gianyar District Prosecutor’s Office is in accordance with the principle of transparency. The purpose of writing this journal is to find out the procedure for returning criminal assets at the Gianyar District Prosecutor’s Office and to find out the suitability between the implementation of asset return activities at the Gianyar District Prosecutor’s Office and the principle of transparency. The research method used is the empirical legal research method. Based on the results of the study, the return of criminal assets at the Gianyar District Prosecutor’s Office is carried out in two ways, namely being taken by the owner of the goods by showing proof of ownership of the goods or a power of attorney (if the person taking it is not the original owner), or being delivered directly by the Gianyar District Prosecutor’s Office to the owner of the goods. In addition, the activities of returning criminal assets carried out at the Gianyar District Attorney’s Office have been in accordance with the principle of transparency, as indicated by the openness of information on evidence provided by the Gianyar District Attorney’s Office through the official website of the Gianyar District Attorney’s Office and the official social media of the Gianyar District Attorney’s Office.

This essay examines Bonhoeffer’s insights into the legacy of European modernity, with its Janus-faced nature. Bonhoeffer’s theology of the cross is, at a methodological level, grounded in both Christological collectivism and a biblical symbol of reconciliation. This combined position reinforces the politics of recognition and the critical appraisal of European modernity, and it promotes solidarity with innocent victims. As such, it breaks through Gustavo Gutierrez’s critique of Bonhoeffer. Using the genealogical (power-discourse) approach to Bonhoeffer, this essay engages with Walter Benjamin to conceptualise the significant regime of “effective history” with its anamnestic reasoning and to deal with the absence of those silenced in the underside of history. This is crucial for a new interpretation of both reparative justice (suum cuique) and Bonhoeffer’s discourse ethics of parrhesia, which can be applied in public theology within a postcolonial framework.

The enforcement of criminal law concerning electronic transaction crimes in Indonesia faces multifaceted challenges, including normative, structural, and technological obstacles. Although legal frameworks such as the Electronic Information and Transactions Law (Law No. 11 of 2008, as amended) and the new Indonesian Penal Code (Law No. 1 of 2023) address certain aspects of cybercrime, these regulations fall short in responding to the evolving complexity and transnational nature of digital offenses. This paper argues that a comprehensive and systemic reform of the criminal justice system is urgently needed. Such reform must include the development of adaptive legal norms, enhancement of law enforcement digital capacities, improvement of inter-agency coordination, and the digital transformation of criminal judicial procedures. By adopting retributive, restorative, and distributive justice approaches, Indonesia can strengthen its legal resilience and ensure equitable access to justice in the digital era.

The development of digital technology has created serious challenges to the protection of citizens’ privacy rights. The rampant leakage and misuse of personal data by the public and private sectors shows the weakness of existing legal protection. Although Law Number 27 of 2022 concerning Personal Data Protection has been enacted, the effectiveness of its implementation is still in doubt, especially in ensuring justice for victims of privacy violations. This article analyzes the legal protection of privacy rights using the principle of justice approach, namely distributive, corrective, and procedural justice. The approach used is juridical-normative, complemented by case studies of personal data violations. The results of the study show that legal protection of privacy rights is still inadequate in substance. Therefore, the principle of justice needs to be used as the main foundation in the reconstruction of the legal system in the digital era.

In various regions of Indonesia, SLAPPs have often befallen environmental activists, investigative journalists, human rights defenders, and indigenous peoples who are fighting for their customary land. Lawsuits filed by parties with economic or political power are often not based on strong legal substance, but rather are intended to tire, suppress, and intimidate public interest defenders. The approach used in this study is a type of normative legal research, namely based on analysis of library materials as data sources and legal principles and statutory regulations related to the problems being studied. The substance of the discussion includes the importance of the early dismissal mechanism as the main strategy in dealing with strategic lawsuit against public participation (SLAPP) cases, both in the criminal and civil realms. As well as the restorative justice approach in handling environmental cases, especially in the context of anti-SLAPP, by emphasizing that this mechanism can be an alternative to resolving cases that is more humane and does not burden environmental activists who are often positioned as suspects/defendants/convicts. This study is important to analyze the reality of the implementation of anti-SLAPP regulations legally, and to formulate recommendations for the formation of effective and contextual legal policies for law enforcement and protection of environmental activists in Indonesia.

Children are the next generation of the nation and have a very important role to lead and advance the nation. Children often have problems when facing the law, which is an subject. This study aims to determine the legal handling of children who commit crimes. It uses an empirical sociological approach or an approach through direct surveys in the field and collects secondary data through library studies. The research specification used is descriptive analytical, which is an effort to analyze and explain legal problems related to objects with a comprehensive and systematic description of everything related to the handling of children in conflict with the law. Handling of children who commit crimes requires a different legal approach from the adult criminal justice system, namely prioritizing restorative justice in accordance with Law Number 11 of 2012. In its implementation, of course, there are significant obstacles that affect the smoothness of the handling process itself.

Children as perpetrators of sexual violence crimes presents a complex dilemma in the Indonesian criminal justice system. On the one hand, there is a need to provide justice for victims and enforce the law, but on the other hand, the state is obliged to provide special protection for children involved in the law based on the Child Criminal Justice System Law (UU SPPA). Children in conflict with the law, whether due to coercion, ignorance, or environmental factors, require a different approach from adult perpetrators. This research is normative legal research using a statutory and conceptual approach. Data collection was carried out through a literature study of primary legal materials such as laws and regulations, secondary legal materials in the form of books and scientific journals, and tertiary legal materials. The results of the study show that the legal system in Indonesia has adopted the principle of the best interest of the child through diversion and restorative justice mechanisms. Legal protection is provided at every stage of the trial, from investigation to post-decision guidance, with a focus on rehabilitation rather than retribution. Child perpetrators can be subject to action, not criminal sanctions in prison, which are adjusted to their age and level of guilt. However, its implementation still faces challenges such as social stigma, limited capacity of foster institutions, and harmonization between the rights of children as perpetrators and the rights of victims.

The Modern Alternative Dispute Resolution was introduced into the world, as a form of method that would aid in alleviating the hardships and disadvantages of courtroom litigation, However, upon careful scrutiny of the systems that employ this method of dispute resolution; it comes to ones’ focus that the institutions are one-sided in the types of cases they entertain. Cases in point, which this write-up will center on, are the Lagos MultiDoor courthouse. These are one of the current institutions through which Alternative Dispute Resolution mechanisms are being practiced. However, a major drawback characterized by these alternative courts is that their jurisdictions are limited to resolving civil cases. In essence, the other most important aspect of the legal system is neglected, which is the criminal justice system i.e criminal cases. Criminal cases are out rightly excluded from reaping the benefits of this valuable and beneficial concept.A further research by this write-up brings into limelight certain processes within the criminal justice system which are similar to the ADR processes themselves. This article aims at highlighting these criminal law methods which will aid in resolving criminal disputes amicably and agreeably, just like the ADR processes. The mechanisms in focus will be plea bargaining, restorative justice and compoundable offences. The similarities between these methods and these of the ADR processes. The write-up will then look into how these criminal law processes can be incorporated and employed into the multi-Door courthouses. In order that the MDCs will have concurrent jurisdictions of both civil and criminal cases.

This study aims to analyze the impact of restitution on the mental health of child victims of sexual intercourse from a long-term perspective through a longitudinal approach. The main focus of this research is to evaluate the effectiveness of restitution as a form of legal protection and psychological recovery for child victims of sexual crimes. The contribution of this study lies in reinforcing the argument that restitution is not merely financial compensation but also a crucial instrument in trauma recovery and the restoration of safety and self-worth in child victims. This research employs a juridical-empirical approach with a longitudinal method, combining normative analysis of restitution regulations with observation and interviews involving child victims who received restitution over a specific period. The findings conclude that restitution in criminal law functions as a form of recovery that is not limited to financial aspects but also serves as recognition of the victim’s suffering and as a component of restorative justice. This longitudinal study demonstrates that comprehensive restitution, supported by psychosocial interventions, has a positive impact on the mental health recovery of child victims of sexual abuse.

Restorative Justice Responses to Institutional Harm: Insights from the EFRJ Summer School 2025 From 16 to 20 June 2025, the tenth Summer School of the European Forum for Restorative Justice (EFRJ) took place in San Sebastian, focusing on restorative responses to harm caused within organizations. Thirty-seven professionals, academics and policymakers participated in an intensive program with both English- and Spanish-speaking groups, alongside plenary sessions. These included presentations on the European project Victims and Corporations and on restorative public policy in Navarra concerning sexual abuse within the Church. In the English-speaking group, a leading case was discussed in which survivors of sexual abuse by a priest engaged in dialogue with the leadership of the religious congregation involved. This experience highlighted the challenges of applying restorative justice in institutional contexts, such as power imbalances, the role of organizations as parties, and the tension between confidentiality and public accountability. The Summer School underlined that restorative justice in relation to organizations remains largely unexplored and called for further practice development, systematic evaluation and knowledge-sharing.

The Excess of Knowledge and the Lack of Wisdom – and Their Consequences for Criminal and Restorative Justice In this reflection, Jacques Claessen addresses two issues that are both highly relevant to restorative justice: the phenomenon of ‘code black’ in the prison system and the underutilised potential of mediation in criminal cases. He begins broadly with the first topic and ends briefly with the second. The central part of this piece is dedicated to a deeper concern: the excess of knowledge and the lack of wisdom in contemporary society, politics, and science — and the consequences this imbalance has for criminal and restorative justice, as illustrated by the two aforementioned issues.