Resolving Criminal Acts Through Restorative Justice in the Indonesian Criminal Justice System

Abstract

This study aims to determine and analyze the regulation of criminal settlement through restorative justice in the criminal justice system. To determine and analyze the strengthening of criminal settlement through restorative justice in the criminal justice system. This writing is a normative juridical type using the approach method of law, case, research specifications are descriptive analysis, secondary data sources are taken from primary legal materials, secondary legal materials, tertiary legal materials, data collection methods through literature studies and analysis techniques using qualitative. Research shows that the resolution of criminal acts through restorative justice in the criminal justice system is regulated in Law Number 20 of 2025 concerning the Criminal Code, referring to the provisions of Article 80 paragraph (1) letter a of the 2025 Criminal Procedure Code, which regulates criminal acts that meet the requirements for the Restorative Justice Mechanism, namely "criminal acts threatened only with a maximum fine of category III or threatened with a maximum imprisonment of 5 (five) years" on the other hand, the provisions of Article 82 letter e of the 2025 Criminal Procedure Code regulate "The Restorative Justice Mechanism is excluded for criminal acts threatened with imprisonment of 5 (five) years or more, except due to negligence". This uncertainty is feared to trigger doubts for practitioners in the field. There are weaknesses in the legal structure including a lack of coordination between law enforcers, a lack of human resource readiness, a lack of budget support & infrastructure. Weaknesses in legal substance include limited technical implementation guidelines, the absence of national standards regarding the method of calculating restitution as a form of restorative justice, and the conflict of norms in Article 80 paragraph (1) letter a with Article 82 letter e of the 2025 Criminal Procedure Code. Weaknesses in legal culture include a lack of public understanding of law, a decline in public trust in law enforcement officials, and a legal culture in which people find it difficult to forgive.