Settlement of Assault Offenses through Restorative Justice under the Indonesian Code of Criminal Procedure

Abstract

The resolution of assault offenses should not be limited to imposing sanctions on offenders, but should also take into account the restoration of harm suffered by victims and the repair of social relationships between the parties. The development of restorative justice has contributed to a shift in the orientation of criminal case resolution, moving beyond a predominantly retributive approach toward a model that places restoration and reconciliation among its important objectives. This study examines the resolution of assault offenses through a restorative justice approach within the framework of the Indonesian Code of Criminal Procedure. The research employs a normative juridical method using a statutory approach and a conceptual approach. The analysis focuses on the provisions governing criminal procedure and the concept of restorative justice as applied to the resolution of assault cases. The findings indicate that restorative justice may serve as a mechanism for resolving assault cases by taking into consideration the interests of victims, offenders, and the wider community, provided that the applicable legal requirements are fulfilled and the process is conducted voluntarily and free from coercion or undue pressure. Such an approach allows the resolution of a criminal case to extend beyond the imposition of punishment by incorporating victim recovery, offender accountability, and the restoration of social relationships. The application of restorative justice to assault cases may therefore form part of the development of criminal procedural law toward a more recovery-oriented approach to resolving criminal cases.