Restorative Justice as an Instrument for Resolving Minor Criminal Offenses from the Perspective of Law Number 1 of 2023

Abstract

The development of modern criminal law has shifted from a retributive approach toward a more humane and restorative-oriented paradigm, particularly in the resolution of minor criminal offenses. In Indonesia, the enactment of Law Number 1 of 2023 concerning the Criminal Code reflects the strengthening of restorative justice as an alternative mechanism for resolving criminal cases through reconciliation, restoration of social relations, and protection of victims’ rights. This study aims to examine the juridical implications of implementing restorative justice in resolving minor criminal offenses and to analyze its legal regulation within the perspective of Law Number 1 of 2023. This research employs a normative legal research method using statutory, conceptual, and comparative approaches. Legal materials were collected through library research and analyzed qualitatively using deductive and interpretative reasoning methods. The findings demonstrate that the implementation of restorative justice has progressive juridical implications for Indonesia’s criminal justice system by shifting the orientation of punishment from retaliation toward social recovery, victim protection, and offender reintegration. Furthermore, restorative justice contributes to reducing prison overcrowding and improving the effectiveness of criminal justice administration. However, the study also reveals that the regulation of restorative justice in the 2023 Criminal Code remains implicit and lacks clear procedural standards, potentially creating disparities in law enforcement practices. Therefore, harmonization between substantive and procedural criminal law, along with the establishment of clear technical guidelines, is necessary to ensure legal certainty, justice, and accountability in the implementation of restorative justice for minor criminal offenses.