Enhancing Restorative Justice Regulation for Criminal Cases' Legal Certainty: Exploring Ideal Concepts

Abstract

The growing concept of justice has undergone a shift from retributive justice to restorative justice. Indonesia’s Police and Prosecutor's Office have implemented alternative measures for handling criminal cases by adopting restorative justice as a result of the unsatisfactory of the implementation of retributive justice. In 2020, The Prosecutor Office issued a regulation regarding the termination of prosecution based on restorative justice. The Police have also issued a regulation concerning the handling of criminal acts based on restorative justice. However, there are few differences in the approach to restorative justice compared to the aforementioned regulation. The objective of this composition is to assess the legal implications stemming from the disparities in restorative justice regulations as observed within the Police and the Prosecutor's Office and to formulate a model of restorative justice approach that should be implemented in both institutions. The analysis concludes that these divergent provisions concerning restorative justice engender a state of legal ambiguity within the community. Therefore, there is a need for reformulation to harmonize the regulation of restorative justice by incorporating it into the Code of Criminal Procedure (KUHAP) in order to create a consistent and binding legal framework for all parties involved.