Harmonization of Restorative Justice Regulation in the Legal System in Indonesia

DOI

10.2991/978-2-38476-315-3_48How to use a DOI?

Keywords

Attorney General’s Office; Harmonization of Regulations; Police; Restorative Justice; Supreme Court

Abstract

Ensuring regulatory harmonization is crucial for upholding uniformity and legal clarity within the legislative framework, as underlined by Prof. Jimly Asshiddiqie and Prof. Satjipto Rahardjo. This paper examines the difficulties and approaches in aligning restorative justice rules within Indonesia’s legislative framework. Restorative justice, which focuses on mending the damage caused by illegal actions, is gaining recognition as an alternative method for resolving criminal cases. Nevertheless, implementing this initiative encounters obstacles due to a requirement for greater comprehension and contradictions in regulation. This study uses normative juridical research techniques to analyze pertinent laws and regulations to find any deficiencies and suggest modifications to improve the implementation of restorative justice. The findings expose inconsistencies in the extent and implementation of restorative justice among law enforcement agencies. The study highlights the necessity of regulatory harmonization to guarantee the uniform and efficient use of restorative justice principles. Indonesia can establish a comprehensive legal framework by aligning rules and enhancing equality and legitimacy in criminal matters. This research enhances the advancement of Indonesia’s legal system by offering valuable perspectives on the integration of legislation concerning restorative justice. It, in turn, enhances the effectiveness of law enforcement and ensures fairness for all individuals engaged in the judicial proceedings.

Copyright

© 2024 The Author(s)

Open Access

Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

Download article (PDF)

TY  - CONF
AU  - Agung Wibowo
AU  - Hartiwiningsih Hartiwiningsih
AU  - Sulistyanta Sulistyanta
PY  - 2024
DA  - 2024/12/24
TI  - Harmonization of Restorative Justice Regulation in the Legal System in Indonesia
BT  - Proceedings of the International Conference on Cultural Policy and Sustainable Development (ICPSD 2024)
PB  - Atlantis Press
SP  - 352
EP  - 360
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-38476-315-3_48
DO  - 10.2991/978-2-38476-315-3_48
ID  - Wibowo2024
ER  -