Political and Legal Construction of Restorative Justice Efforts in the Indonesian Criminal Justice System

Abstract

The aim of this research is to examine and analyze the legal political authority of restorative justice efforts in the Indonesian criminal justice system. In this writing the author uses a normative juridical method with research specifications in the form of descriptive analysis. The criminal justice system must be seen as a special punishment regime, and can limit people's freedom so that they can then be sentenced to prison and corporal law, and can also impose life sentences. Punishments in criminal justice can also be found in other legal regulations. Legal events in Indonesia are now increasingly rapid. In other words, increasingly rapid developments give rise to injustice in the handling of criminal cases. In the explanation of Indonesian legal politics that facilitates the concept of restorative justice, it can be seen from the internal regulations of each State law enforcement agency from the hierarchical order of the Indonesian criminal justice system, namely the Judiciary, Prosecutor's Office and Police. Restorative justice has become a very popular discourse amidst the boredom of society which sees that formal law is dominated by the positivist school of thought and cannot optimally accommodate society's sense of justice because it prioritizes legal certainty (Rechtssicherheit).