Situating restorative justice in novel jurisdictions: considerations from the Malaysian experience

Abstract

ABSTRACT Restorative justice has been seeing increasing global success, and its effectiveness has been supported by decades of research. However, the implementation of restorative justice in novel jurisdictions presents serious challenges, from details to fundamental questions about where restorative justice should be situated in the criminal justice system. Using the case study of Malaysia, this article highlights the early considerations for implementation, with special attention to the position of victims in the process. This article also looks at the relative benefits of implementing restorative justice inside and outside the criminal justice. Our aim is to provide a robust discussion of the unique practical considerations faced when implementing restorative justice in novel jurisdictions, including outside of the West.