Legal Literacy- The increasingly lenient Criminal Justice System creates a responsibility for the State to make changes. This responsibility takes the form of restoring the aspect of justice that restores rather than punishes, which is commonly called restorative justice. By:Shenny Mutiara Irni

Understanding Restorative Justice

Restorative justice is an approach to resolving criminal cases that emphasizes the recovery of victims, perpetrators, and society. This approach focuses on dialogue and deliberation between the parties involved in the crime, namely the victim, the perpetrator, the victim's/perpetrator's family, and other related parties, such as community representatives or community organizations.

Objectives of Restorative Justice

The objectives of restorative justice are to:
  1. Restore the losses suffered by the victim
  2. Help perpetrators understand and take responsibility for their actions
  3. Rebuild damaged relationships between victims and perpetrators
  4. Improve public safety and order

Implementation of Restorative Justice

Restorative justice can be applied to various types of criminal acts, including minor criminal acts, serious criminal acts, and juvenile criminal acts. In Indonesia, restorative justice has been regulated in several laws and regulations, including:
  1. Law Number 11 of 2012 concerning the Juvenile Criminal Justice System
  2. Attorney General Regulation Number 15 of 2020 concerning Termination of Prosecution Based on Restorative Justice
  3. Police Regulation Number 8 of 2021 Concerning Handling of Criminal Acts based on Restorative Justice
The State's responsibility to make changes is also stated in Law no. 22 of 2022 concerning Corrections with a mandate for the State to provide guidance to criminals with the aim that they can return to society and become part of the nation's development after serving their sentences in Correctional Institutions (LAPAS). Here are some examples of the application of restorative justice in Indonesia:
  1. A teenager who stole a motorcycle was invited to meet with the victim and his family. In the meeting, the teenager apologized to the victim and his family, and promised not to repeat his actions. The teenager was also required to compensate for the losses suffered by the victim.
  2. A perpetrator of abuse was invited to meet with the victim and his family. In the meeting, the perpetrator admitted his mistake and apologized to the victim. The perpetrator was also required to do social work in the victim's environment.
  3. A drug offender was invited to meet with his family and community representatives. In the meeting, the perpetrator was asked to explain the reasons for using drugs. The perpetrator was also required to participate in a drug rehabilitation program.