Keadilan Restoratif Sebagai Paradigma Pemidanaan Di Indonesia

Abstract

This study aims to examine restorative justice as a paradigm of punishment in Indonesia. This is a normative legal research that uses statutory and conceptual approaches. The results of this study indicate that the criminal system in force in Indonesia is still based on the repressive paradigm of retributive justice, so that imprisonment is the most frequent punishment imposed on perpetrators of criminal acts. To be able to achieve the expected sentencing objectives, namely to fulfill the rights of the parties, it is important to build a paradigm of punishment based on restorative justice through changes in legal substance, legal structure, and legal culture so that the effectiveness of criminal law enforcement can be realized .