THE URGENCY OF INTEGRATING RESTORATIVE JUSTICE VALUES IN REFORMING THE CRIMINAL JUSTICE SYSTEM IN INDONESIA

Abstract

This study aims to analyze the dynamics of the Indonesian criminal justice system, the urgency of integrating restorative justice values, their implementation at each stage of criminal justice, a comparison of their implementation across several countries, and strategies for reforming them within the national legal system. This study uses normative legal methods with statutory, conceptual, and comparative approaches. The results show that the Indonesian criminal justice system is still dominated by a retributive paradigm oriented toward punishment, thus not being fully able to provide substantive justice for victims, perpetrators, and society. The dominance of imprisonment has triggered overcriminalization, overcrowding in correctional institutions, weak victim protection, and high recidivism rates. From a philosophical, sociological, and juridical perspective, restorative justice has a strong urgency to be integrated into the reform of the Indonesian criminal justice system. Its implementation can be carried out at the stages of investigation, prosecution, trial, and correctional through diversion, termination of prosecution, penal mediation, consideration of peace in decisions, and social reintegration. Comparisons with New Zealand, Canada, Australia, the Netherlands, and Norway demonstrate that the success of restorative justice is determined by a clear legal basis, institutional support, and effective victim participation. Therefore, reform of Indonesia's criminal justice system needs to be directed at reformulating criminal law policies, harmonizing regulations, integrating them into the Criminal Code (KUHP) and the Criminal Procedure Code (KUHAP), strengthening the role of victims, training officers, digitizing administration, and implementing a continuous evaluation and monitoring system