Reconstruction of the Principle of Justice in the Indonesian Criminal Justice System: A Restorative Perspective and Regulatory Reform

Abstract

This study aims to reconstruct the principle of justice within the Indonesian criminal justice system through a restorative justice approach and regulatory reform in order to achieve substantive justice that balances the interests of the state, victims, and offenders. The research employs a qualitative method with a normative juridical research design, selected for its capacity to conduct an in-depth analysis of principles, norms, and the systematic structure of criminal law, as well as to assess their compatibility with the evolving practice of restorative justice. This approach is considered relevant for addressing conceptual and normative issues while simultaneously linking them to law enforcement practices. The research setting focuses on the institutional framework of the Indonesian criminal justice system, encompassing the police, the public prosecution service, and general courts in the regions of DKI Jakarta and West Java. The study involves six key informants, consisting of law enforcement officials, academics, advocates, and policy researchers, who were selected through purposive sampling due to their direct experience and expertise in the implementation of restorative justice. The findings indicate that the Indonesian criminal justice system remains predominantly influenced by a retributive paradigm, while restorative justice has not yet been systematically integrated. Accordingly, this study recommends reforms to criminal procedural law, the development of national restorative justice guidelines, and the strengthening of a recovery-oriented approach in law enforcement practices.