Articles published on Retributive Justice
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- New
- Research Article
- 10.29300/mzn.v12i2.9425
- Nov 30, 2025
- Jurnal Ilmiah Mizani: Wacana Hukum, Ekonomi Dan Keagamaan
- Ahmad Arifulloh + 3 more
This study examines legal protection for children as perpetrators of bullying through the application of restorative justice. The purpose of the research is to analyze how restorative justice is implemented in resolving bullying crimes committed by minors, identify the obstacles encountered in practice, and formulate relevant solutions. This research is normative legal research using a statutory approach. Data were collected through literature studies, including legislation, academic literature, and previous research findings, and then analyzed qualitatively. The results indicate that applying restorative justice to children who commit bullying can be carried out through the diversion mechanism, namely, the transfer of juvenile case settlement from the formal criminal justice process to non-litigation mechanisms outside the court system. This mechanism is in accordance with Law Number 11 of 2012 on the Juvenile Criminal Justice System, which prioritizes the best interests of the child. From the perspective of criminal law theory, the implementation of restorative justice represents a positive deviation from the retributive justice concept, which is oriented toward punishment and retribution. Restorative justice shifts the focus of criminal justice from punishing offenders toward restoring losses experienced by victims, repairing social harm caused by the crime, and reintegrating relationships between victims, offenders, their families, and the community. The academic contribution of this study lies in strengthening the discourse on restorative justice in bullying cases involving minors by providing normative arguments that the restorative approach aligns more closely with humanitarian principles, children's rights, and the best interests of the child than conventional retributive approaches. These findings offer theoretical and practical insights for policymakers, law enforcement officers, educators, and child protection institutions to optimize diversion mechanisms to address bullying that emphasizes punishment rather than social recovery and build awareness, empathy, and social recovery for all parties involved
- New
- Research Article
- 10.46348/car.v6i2.401
- Nov 29, 2025
- CARAKA: Jurnal Teologi Biblika dan Praktika
- Feremenatos Oktafilio Adi Prasetya + 1 more
Kitab Yoel menunjukkan tema pembalasan secara cukup kuat. Telaah biblis atas kitab ini menunjukkan bahwa dalam Yoel, secara khusus bagian 3: 4-8, terlihat adanya pembalasan kepada ‘musuh-musuh Yehuda’ seperti Filistin, Tirus dan Sidon. Menarik dilihat bahwa pembalasan ini diceritakan sebagai pembalikan yang sangat setara, seimbang, sama persis seperti umat Israel sebelumnya telah menderita. Dengan adanya perikop ini, muncullah pertanyaan besar mengenai konsep pembalasan dalam kitab suci. Tentu tema pembalasan dendam menimbulkan kebingungan, terutama bagi umat Kristiani yang lebih dekat dengan ajaran kasih dari Yesus Kristus. Bukankah Alkitab adalah ajaran pengampunan, atau setidaknya pembalasan yang bersifat membangun, ketimbang sekedar perwujudan dendam yang tidak akan ada akhirnya? Dalam makalah ini, penulis hendak memperlihatkan bahwa fokus dari Yoel tidak sekedar berhenti pada pemuasan nafsu dendam semata. Keadilan retributif mengambil dasar dari perjanjian Sinai, yang notabene menjadi dasar pegangan iman umat Israel. Justru dengan adanya perjanjian Sinai ini, pembalasan dendam dapat dilihat sebagai sarana Allah menyatakan Diri-Nya di hadapan Israel, menunjukkan kehadiran-Nya sebagai Pribadi Penjaga yang patut dipercaya dan ditaati oleh segenap umat Israel.
- New
- Research Article
- 10.37366/jhp.v6i2.6378
- Nov 18, 2025
- JURNAL HUKUM PELITA
- Ickbal Hofifi Bairuroh + 2 more
Restorative Justice in the criminal justice system at the court level after the issuance of Supreme Court Regulation (PERMA) Number 1 of 2024 concerning Guidelines for Adjudicating Criminal Cases Based on Restorative Justice. This approach shifts the focus from retribution (retributive justice) to victim loss recovery, offender accountability, and social relationship restoration. This study uses the perspective of the Developmental Law Theory (Teori Hukum Pembangunan) by Mochtar Kusumaatmadja, which views law as a tool of social engineering to achieve national development goals, including legal reform that is aligned with Pancasila values. PERMA No. 1 of 2024 is consistent with the spirit of the Developmental Law Theory because it aims to realize humane, benefit-oriented law enforcement, and prioritizes conflict resolution that accommodates the interests of all parties, in accordance with the values of justice and balance existing in the community. The implementation of this PERMA is a concrete effort to reform Indonesian criminal law to build a justice system that is more responsive to the real needs of the community
- New
- Research Article
- 10.70758/elqarar/8.23.22
- Nov 15, 2025
- مجلة القرار للبحوث العلمية المحكّمة
- Jawad Samir Fahes
The research explores the death penalty within comparative criminal law, focusing on Islamic Sharia, Arab domestic laws, and international human rights frameworks. It traces the historical evolution, philosophical justifications, and contemporary legal regulations of capital punishment, highlighting the conflict between retributive justice and the abolitionist movement. The study argues that Sharia allows capital punishment in specific cases, with strict procedural safeguards aimed at ensuring justice and life sanctity. In contrast, many Arab legal systems retain the death penalty influenced by both Islamic traditions and modern legal codes.
- Research Article
- 10.59653/jplls.v3i03.2005
- Nov 5, 2025
- Journal of Progressive Law and Legal Studies
- Imam Sujono
This study examines the application of Immanuel Kant's retributive justice theory in judicial decisions imposing death sentences for premeditated murder cases in Indonesia, particularly following the landmark Constitutional Court Decision No. 21/PUU-VI/2008. The research employs a normative juridical approach, analyzing secondary legal materials including legislation, court decisions, legal doctrines, and philosophical theories. Kant's retributive theory posits that punishment must be proportionate to the moral culpability of the offender, embodying the principle of ius talionis. However, the Constitutional Court's decision has reframed the death penalty as an exceptional and alternative sanction, requiring judges to consider principles of proportionality and individualization. This study reveals a fundamental tension between classical Kantian retributivism, which demands absolute proportionality regardless of consequentialist considerations, and the Constitutional Court's approach that increasingly emphasizes human rights protection and gradual abolitionism. The findings demonstrate that while judges rhetorically invoke retributive principles in their reasoning, practical application has become constrained by constitutional imperatives that prioritize rehabilitation and the right to life. This normative contradiction suggests an evolutionary shift in Indonesia's criminal justice philosophy from pure retribution toward a more nuanced balancing of retributive, rehabilitative, and human rights considerations.
- Research Article
- 10.18502/kss.v10i28.20104
- Nov 3, 2025
- KnE Social Sciences
- Ahmad Muzakka
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.
- Research Article
- 10.61438/bsrqj.v3i3.209
- Nov 2, 2025
- Baharestan Scientific Research Quarterly Journal
- Khalid Faqiri
False testimony, as one of the factors leading to deviation in the criminal adjudication process, can have serious consequences for the administration of justice—particularly in cases such as intentional homicide, which carry severe penalties like qisas (retributive justice). This study seeks to answer the question of how the fiqh-based (Islamic jurisprudential) responsibility resulting from false testimony in cases of intentional murder is formulated, and what implications it has for liability, qisas, and the scope of the witness’s culpability. Utilizing a descriptive-analytical method and grounded in authoritative fiqhi sources, the study explores key concepts such as the distinction between the direct perpetrator (mubāshir) and the instigator (mutasabbib), the role of the judge's personal knowledge (ʿilm al-qāḍī) in uncovering the truth, and the potential for criminal consequences arising from perjured testimony. The findings reveal that, despite clear statements in classical fiqh sources regarding the prohibition and severity of the sin of false testimony, the jurisprudential views on the precise realization and extent of responsibility in capital crimes require further systematic elaboration. This article underscores the importance of deepening fiqhi discourse on perjury in cases subject to qisas.
- Research Article
- 10.62951/ijsw.v2i4.493
- Oct 31, 2025
- International Journal of Social Welfare and Family Law
- Abdul Bari + 1 more
This study examines the urgency of reforming law enforcement institutions in handling child offenders in Indonesia. The enactment of Law No. 11 of 2012 on the Criminal Justice System for Children (SPPA) marked a paradigm shift from retributive justice to restorative justice. However, its implementation has not been optimal because law enforcement institutions are still sectoral and not integrated. This study uses a normative juridical approach with empirical juridical support to analyse the conformity of legal norms with institutional practices. Data were obtained from legislation, scientific literature, and interviews with law enforcement officials and child protection practitioners. The results show that the implementation of diversion is still low due to weak coordination between institutions, limited human resources, and the absence of an integrated institutional mechanism. Institutional reform is needed to strengthen synergy between institutions, foster a humanistic mindset among officials, and ensure child protection in accordance with the principles of restorative justice. This study recommends the establishment of a permanent coordination body between child law enforcement agencies and ongoing training for officials. Institutional reform is seen as a strategic step towards realising a juvenile justice system that is not only normative but also substantively fair and restorative.
- Research Article
- 10.5296/jpag.v15i2.23268
- Oct 25, 2025
- Journal of Public Administration and Governance
- Etim O Frank + 2 more
The context of the study was on the increasing failure of public policies to resolve public problems and redeem Nigeria from increasing frustration of governance. It set out to isolate the variables accountable for the recurrent failures of policies implemented. The descriptive-analytical research design was adopted and complemented by 'case-study' paradigm examined, some public policies including, 'conditional cash transfer' which had positive outcomes in the standard of living of the target groups where it was copied, and none in Nigeria. Other social interventions evaluated, revealed that Nigeria applied the traditional civil service system of policy implementation, which resulted in no positive impact. The study revealed further that, lack of technical skills and capacity in modern public policy implementation strategies immobilized the policy processes. In addition unveiled that all social interventions were housed in the Ministry of Humanitarian Affairs known for corruption, with a social register whose compilation processes are not trusted. Consequently, the various social interventions failed to impact those intended to be affected. It then proposed the adoption of the application of the Logical framework Approach (LFA), consisting of program implementation and the training of the policy implementer in the new approach, the review of the social register of the target groups, retributive justice of anyone misappropriating fund meant for the programs, extensive monitoring and evaluation to assess 'process and summative' effect of specific programs. The implications include that further social interventions programs must be taken away from the Ministry of Humanitarian Affairs and Disaster Management and link to any other whose inputs would be required in the processes, of adopting the Logical Framework Approach to public policy execution as canvassed herein, to ensure the Government works for all.
- Research Article
- 10.59141/jiss.v6i10.2063
- Oct 24, 2025
- Jurnal Indonesia Sosial Sains
- Neeysha Nathani Sitorus + 1 more
This study examines the role of the Prosecutor’s Office in promoting the implementation of Restorative Justice as an effort to achieve social reintegration and prevent recidivism in Indonesia. The conventional retributive criminal justice system is considered less effective in restoring relationships between offenders, victims, and the community. As an alternative, restorative justice emphasizes reconciliation and social healing. Through Regulation of the Attorney General of the Republic of Indonesia No. 15 of 2020, prosecutors are authorized to terminate prosecution based on restorative justice principles. Its implementation is reflected in the increasing number of cases resolved through peaceful agreements and the establishment of Restorative Justice Houses across regions. However, challenges such as potential misuse, limited resources, and legal culture resistance remain. Nevertheless, the Prosecutor’s Office continues to strengthen its role through prosecutor training, tiered supervision, and inter-agency collaboration to ensure justice that is accountable, humanistic, and oriented toward social restoration.
- Research Article
- 10.30564/fls.v7i11.11798
- Oct 21, 2025
- Forum for Linguistic Studies
- Zukhra Juraeva + 9 more
Fairy tales have historically reflected human morality and cultural heritage, conveying ethical teachings through evocative language and symbolic imagery. Among the most significant components of these narratives are moral lexemes, expressions that encapsulate values, such as benevolence, avarice, forbearance, and jealousy. This study examines the expression and interpretation of lexemes in the English tale Cinderella and the Uzbek tale Zumrad and Kimmat (Zumrad and Kimmat), both of which center on young female protagonists whose virtues are tested through adversity. The objective of the research is to examine the distribution, contextualization, and semantic significance of positive and negative moral lexemes in each narrative, as well as their reflection of the cultural values inherent in Western European and Uzbek traditions. The research uses a linguocultural and semiotic methodology alongside narrative analysis, emphasizing the significance of moral contrast in character development and plot progression. The results reveal both universal values, such as compassion and patience, as well as culturally specific elements such as the emphasis on forgiveness in Cinderella and the theme of retributive justice in Zumrad and Kimmat. The analysis is limited to the specific textual versions cited in the Methodology, which frames the scope and reproducibility of our findings. The study enhances comprehension of the relationship among language, culture, and morality in children's literature.
- Research Article
- 10.1080/10477845.2025.2575256
- Oct 16, 2025
- Journal of Religious & Theological Information
- Ashley E Davis
This article explores the imprecatory psalms as responses to traumatic victimization, interpreting their intense death language and pleas for divine retribution through the lens of trauma-informed criminology and forensic victimology. The Psalter’s invocation of death upon the wicked is not merely theological rhetoric, but a deeply embedded response to moral injury, injustice, and communal breakdown. By integrating biblical theology with criminological theory (particularly restorative and retributive justice models) the study argues that the psalmists engage in symbolic litigation, invoking God as divine prosecutor in cases where human justice has failed. The Psalter thus serves as both a spiritual protest and a moral profiling of those who threaten covenantal order, and their use of death motifs functions as a ritual performance of grief, rage, and hope for restoration.
- Research Article
- 10.15517/ds9c0k54
- Sep 30, 2025
- Revista de Ciencias Jurídicas
- Francesco Tripo + 1 more
Restorative justice is gaining increasing relevance within the Inter-American human rights system, emerging as a complementary—and in some cases, alternative—paradigm to traditional retributive justice.
- Research Article
- 10.46650/kd.v22i2.1738
- Sep 25, 2025
- Kerta Dyatmika
- Putu Andi Sathya Dharma
Hit-and-run traffic accidents may be resolved through a restorative justice approach, as regulated by the Regulation of the Chief of the Indonesian National Police Number 8 of 2021. This concept involves the offender, the victim, their families, and community leaders in order to reach a fair resolution and restore the situation to its original state. This research aims to analyze the legal framework and police efforts in resolving hit-and-run cases through restorative justice within the jurisdiction of Klungkung Police Department (Polres Klungkung). The research employs an empirical legal method with a sociological approach (law in action), focusing on community behavior and the effectiveness of legal norms in practice. The results indicate that the efforts undertaken by Klungkung Police conform to the aforementioned regulation, particularly by conducting mediations involving the concerned parties until a consensus is reached. This approach offers a more equitable solution, benefiting not only the victim but also the offender and the community at large. In conclusion, the restorative justice mechanism enables offenders to acknowledge their wrongdoing, apologize, and provide compensation to the victim, thereby promoting a more humane and rehabilitative form of justice. Despite existing challenges such as the dominance of retributive criminal justice and societal resistance, Klungkung Police continue to enhance implementation through investigation, mediation, and public education to increase awareness of restorative justice in traffic accident cases.
- Research Article
- 10.20885/iustum.vol32.iss2.art9
- Sep 20, 2025
- Jurnal Hukum IUS QUIA IUSTUM
- Handrawan Handrawan + 3 more
The urgency of this research is highly necessary in order to alter the paradigm of corruption criminalisation based on punishment towards recovery. The formulation of the problem in this research is whether the shift in the spirit of corruption criminalization from retributive justice to restorative justice can guarantee the realisation of national economic recovery towards the Indonesia Emas 2045 vision and how the reconstruction of restorative justice through the approach of categorizing state losses in the criminalization system in Indonesia. This research uses a normative legal research type that is prescriptive. The results of this study indicated that (1) The teachings of retributive justice in legal practice in other countries such as the Netherlands have been abandoned and adopted the teachings of restorative justice. This teaching is in line with the ideology of Pancasila, so it is very important to be applied in the corruption criminalization system in Indonesia. (2) Restorative justice reconstruction based on state loss categories includes: Category 1 state losses below 200 million plus 1/4, Category 2 state losses of at least 200 million to a maximum of 1 billion plus 1/3, Category 3 state losses of at least 1 billion and a maximum of 5 billion plus 1/2, Category 4 state losses of 5 billion but not more than 100 billion plus 2/3, Category 5 state losses above 100 billion plus 100%. This study concluded that the restorative justice categorisation approach in handling corruption cases will realize efforts to restore the national economy towards the Indonesia Emas 2045 vision.
- Research Article
- 10.30598/bacarita.v6i1.20984
- Aug 31, 2025
- Bacarita Law Journal
- Sri Raehan + 1 more
The purpose of this study is to analyze the disparity in judges' decisions in narcotics crime cases at the Praya District Court and to analyze the disparity in narcotics crime cases according to the theory of justice. This research is a normative legal study using a statutory approach, a conceptual approach, and a case approach. Legal materials were analyzed using literature and the internet. The results of the study indicate that disparity in judgments is influenced by several factors, including differences in legal interpretation by judges, the absence of standard sentencing guidelines, and subjectivity in considering aggravating and mitigating circumstances. Aggravating factors include the defendant's prior criminal record. Mitigating factors include the defendant's cooperative attitude during the trial and a promise not to repeat the offense in the future. Disparity in narcotics-related criminal cases, according to the theory of justice, is viewed from the enforcement of the law to achieve the desired legal justice. Different sentences for similar cases can be considered unfair, as they disregard the principle of “proportionality” between the offense and the punishment. From the perspective of justice theory, this disparity contradicts the principles of distributive and retributive justice because it results in unequal treatment of offenders with similar criminal acts.
- Research Article
- 10.20961/recidive.v14i2.100482
- Aug 28, 2025
- Recidive : Jurnal Hukum Pidana dan Penanggulangan Kejahatan
- Dwinanda Linchia Levi Heningdyah Nikolas Kusumawardhani
<p><em>Restorative justice</em> is a legal approach that focuses on restoring the situation and balance between the perpetrators, victims, and the community, as an alternative to the retributive criminal justice system. In the context of legal objectives, certainty, justice, and usefulness, this approach is a tangible manifestation of the progressive legal paradigm. This study examines the implementation of <em>restorative justice within the scope of the </em> Central Java High Prosecutor's Office through the perspective of the philosophy of legal science, by examining how this approach reflects the values of substantive justice and the principles of responsive law This research emphasizes that the concept <em> of restorative justice</em> within the framework of the philosophy of law is able to provide alternative legal solutions that are more humanist and oriented towards social justice. Therefore, it is necessary to strengthen regulations and synergy between law enforcement officials and the public to optimize the effectiveness of this approach in the criminal justice system in Indonesia.</p>
- Research Article
- 10.1080/14616734.2025.2532068
- Aug 8, 2025
- Attachment & Human Development
- Jessica A Stern + 4 more
ABSTRACT Crime is among the most important issues to U.S. voters, often determining the outcome of major elections, with consequences for public policy. In two studies, we examine the role of attachment in predicting responses to crime. In Study 1 (N = 561), attachment avoidance was associated with reduced support for restorative justice. Attachment anxiety was indirectly linked to support for retributive justice, via heightened beliefs in a dangerous world and mindsets that people cannot change. Study 2 (N = 327) replicated results from Study 1 and demonstrated that a brief experimental intervention to boost individuals’ felt security reduced negative attributions about a crime suspect’s motives. Among participants high in attachment avoidance at baseline, boosting security mitigated punitive responses toward the suspect – reducing recommended jail time, pessimistic beliefs about rehabilitation, negative attributions, and negative emotions. Findings have implications for understanding and shifting public attitudes and policy regarding criminal justice.
- Research Article
- 10.51473/rcmos.v1i2.2025.1230
- Aug 6, 2025
- RCMOS - Revista Científica Multidisciplinar O Saber
- Athila Miranda Bertão De Jesus Tavares + 1 more
This study, conducted using a qualitative research method, aims to analyze the death penalty from various perspectives, exploring its legal, historical, ethical, and economic aspects. Initially, the definition of the death penalty and the different methods of execution, such as shooting, lethal injection, stoning, and decapitation, are presented, highlighting the variation across countries. The historical evolution of the death penalty is then addressed, from its earliest applications in ancient civilizations to its spread in the modern world, analyzing the social and political contexts that influenced its adoption. The current situation of the death penalty is also discussed, with an emphasis on the countries that still maintain the practice and on international movements advocating for its abolition. Brazilian legislation is examined, highlighting the abolition of the death penalty with the 1988 Constitution, except in cases of war, and the Military Penal Code, which permits capital punishment in exceptional situations. The paper also explores the main arguments in favor of the death penalty, such as retributive justice, deterrence of crimes, and public safety, and the arguments against, with a focus on judicial errors, wrongful convictions, and the economic costs involved. It is concluded that, although the death penalty may be justified in some contexts, its application must be carefully regulated and monitored, with strict safeguards to prevent injustices and judicial errors.
- Research Article
- 10.3390/genealogy9030077
- Aug 6, 2025
- Genealogy
- Tobias Hübinette
In October 2021 the Swedish government committee of inquiry, the Adoption Commission, was appointed, which presented its final report in June 2025. The Adoption Commission investigated irregular and unethical adoptions to Sweden from the 1950s until today, and it was a part of an ongoing global process of coming to terms with past concerning transnational adoptions. This qualitative media text study examines how the Adoption Commission was perceived by the Swedish adoption world’s three stakeholders, the adoptive parents, the adoption organizations, and the adoptees, between 2021 and 2024 and in relation to transitional justice theories, with a focus on the issues of retributive and restorative justice.