Indonesia’s criminal justice system is currently undergoing a fundamental paradigm shift. For decades, the system relied heavily on a retributive approach that prioritized punishment and incarceration. Today, the concept of restorative justice is gaining significant traction as a more humane and effective alternative—one that prioritizes the restoration of relationships between offenders, victims, and the community.
Understanding Restorative Justice in the Indonesian Context
In the Indonesian legal landscape, restorative justice is not merely a trend but a necessity to overcome the chronic issue of prison overcrowding. This approach seeks to resolve criminal cases by involving the victim, the offender, and other related parties to reach a fair settlement that emphasizes restoration rather than retaliation.
The implementation of this mechanism is supported by several regulations, including the Indonesian National Police Regulation (Perpol) No. 8 of 2021 and the Prosecutor’s Regulation No. 15 of 2020. These legal frameworks allow for the cessation of prosecutions in certain minor offenses if a peace agreement is reached.
About This Journal: A Comprehensive Legal Analysis
This academic paper, authored by Dr. Bahori Ahoen, S.H., S.E., M.H., M.E. from the Bahori Ahoen Institute in Jakarta, provides an in-depth examination of the evolving legal landscape in Indonesia. As an expert in both law and business, Dr. Bahori Ahoen explores how these mechanisms impact the broader justice system.
This journal provides a comprehensive legal framework for understanding:
- The crisis of retributive approaches: Examining how the “punishment-first” mentality has led to judicial inefficiency and overcapacity in correctional facilities.
- The rise of restorative justice: Analyzing its role as a superior alternative dispute resolution (ADR) mechanism in modern criminal law.
- The transformation mechanism: A critical look at how peace agreements initiated at the police level can be formalized into legally binding court decisions.
- The principle of ultimum remedium: Reasserting that criminal law should serve as the “last resort” rather than the primary solution for social conflicts.
From Police Agreements to Court Decisions: The Procedural Journey
One of the most significant contributions of this paper is its analysis of the procedural bridge between law enforcement and the judiciary. Many people believe that once a peace agreement is signed at a police station, the case is simply closed. However, to ensure permanent legal certainty (inkracht), there is a specific transformation mechanism required.
Dr. Bahori Ahoen explains the technicalities of how these agreements can be validated by a judge. This ensures that the settlement is not just a temporary “truce” but a legally enforceable decision that protects the rights of all parties involved, especially the victims.
Why Restorative Justice Matters for the Future
The restorative justice approach offers a more humane and effective solution for various minor criminal offenses, such as property disputes, minor thefts, or defamation. Conventional judicial processes are often lengthy, costly, and emotionally draining. In contrast, peaceful settlements can produce faster outcomes and foster true reconciliation.
Furthermore, from a business and economic perspective—a field where Bahori Ahoen Institute provides extensive expertise—restorative justice reduces the state’s financial burden related to court proceedings and inmate maintenance. It encourages a more productive society by resolving conflicts without the permanent stigma of a criminal record for minor first-time offenders.
The Principle of Ultimum Remedium
In legal theory, ultimum remedium suggests that criminal law should be the final tool used after all other avenues (civil law, mediation, or social sanctions) have failed. This journal argues that by strengthening the restorative justice framework, Indonesia can return to this fundamental principle, ensuring that the heavy hand of the state is only used when absolutely necessary.
For legal practitioners, students, and policymakers, this paper serves as a vital guide to navigating the complexities of modern Indonesian criminal law and the integration of ADR mechanisms within the formal court system.
📄 Read the full journal by Dr. Bahori Ahoen below: