Gevangenen : Jurnal Kajian Lembaga Pemasyarakatan
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PENERAPAN RESTORATIVE JUSTICE DALAM PENYELESAIAN TINDAK PIDANA SEBAGAI UPAYA MENGURANGI PENGHUNI LEMBAGA PEMASYARAKATAN/RUMAH TAHANAN
Abstract
The application of restorative justice in resolving criminal offenses has drawn mixed public reactions. Most people welcomed the policy positively, as it is considered capable of restoring social relations damaged by crime and prioritizing humanitarian values and social balance. This concept offers an alternative case resolution that focuses more on restoring the original state than on retaliation. Currently, provisions related to restorative justice are regulated by various police agencies, including Police Regulation Number 8 of 2021, Prosecutor's Office Regulation Number 15 of 2020, and Supreme Court Regulation Number 1 of 2024. However, differences in regulations regarding the definition, scope, procedures, and implementation of restorative justice in each institution create legal disharmony and can reduce its effectiveness in practice. Therefore, comprehensive, integrated, and binding regulations in the form of legislation are needed, such as those stipulated in Law Number 11 of 2012 concerning the Juvenile Justice
System. These regulations are expected to ensure the harmonious implementation of restorative justice, guarantee legal certainty, and create a justice system that aims to balance between victims and perpetrators, and to achieve justice that balances between victims, perpetrators and society as a whole, and to strengthen public trust in a fairer criminal justice system.
Abstract
The application of restorative justice in resolving criminal offenses has drawn mixed public reactions. Most people welcomed the policy positively, as it is considered capable of restoring social relations damaged by crime and prioritizing humanitarian values and social balance. This concept offers an alternative case resolution that focuses more on restoring the original state than on retaliation. Currently, provisions related to restorative justice are regulated by various police agencies, including Police Regulation Number 8 of 2021, Prosecutor's Office Regulation Number 15 of 2020, and Supreme Court Regulation Number 1 of 2024. However, differences in regulations regarding the definition, scope, procedures, and implementation of restorative justice in each institution create legal disharmony and can reduce its effectiveness in practice. Therefore, comprehensive, integrated, and binding regulations in the form of legislation are needed, such as those stipulated in Law Number 11 of 2012 concerning the Juvenile Justice
System. These regulations are expected to ensure the harmonious implementation of restorative justice, guarantee legal certainty, and create a justice system that aims to balance between victims and perpetrators, and to achieve justice that balances between victims, perpetrators and society as a whole, and to strengthen public trust in a fairer criminal justice system.
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Submitted
31 May 2026 -
Revised
31 May 2026 -
Accepted
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Published
31 May 2026


