Implementation of Restorative Justice in the Examination and Implementation of Criminal Decisions in Courts

Abstract

The development of the criminal justice system in Indonesia demonstrates a shift from a retributive paradigm toward restorative justice, which emphasizes the restoration of victims, perpetrators, and social relationships. However, implementation at the court level continues to face various challenges, including inconsistencies in practice that depend heavily on judicial initiatives. The research method employed is normative juridical research using descriptive-analytical, evaluative, and prescriptive approaches. The data utilized consist of secondary data in the form of primary, secondary, and tertiary legal materials. The findings indicate that the regulation of restorative justice based on Law Number 20 of 2025 concerning the Criminal Code represents a progressive step toward a more substantive and humane criminal justice system by strengthening the role of judges and positioning victims as primary subjects in the judicial process. However, from an implementation perspective, several weaknesses remain, including procedural legal gaps, regulatory inconsistencies, and dependence on further technical regulations, resulting in a regulatory framework that remains transitional and has not yet been fully operationalized. At the stage of implementing and enforcing criminal judgments, the application of restorative justice remains limited and suboptimal. Despite its normative recognition, judicial practice continues to be dominated by a retributive paradigm, with imprisonment remaining the primary sanction and only a limited number of judicial decisions containing restorative obligations. The absence of detailed technical mechanisms, inadequate oversight systems, and the continued conventional role of prosecutors further hinder its implementation.