ANALISIS YURIDIS TERHADAP PENERAPAN KEADILAN RESTORATIF DALAM PROSES PERADILANPIDANA DI INDONESIA

Abstract

Restorative Justice is an approach to resolving criminal cases that emphasizes victim recovery, offender accountability, and conflict resolution. In Indonesia, its regulation has developed from sectoral rules toward a more comprehensive framework under Law Number 20 of 2025 on the Criminal Procedure Code, particularly Articles 79 to 88. This study aims to analyze the regulation, implementation, obstacles, and optimization of Restorative Justice through Gresik District Court Decision Number 1/Pid.S/2026/PN Gsk. This research uses a normative legal method with statutory, conceptual, and case approaches. The results show that the regulation of Restorative Justice has become stronger, but further harmonization and uniform implementation are still required. In the Gresik case, the guilty plea, restitution of losses, victim forgiveness, and the imposition of community service reflect a restorative orientation. However, legally, the mechanism applied remains a Guilty Plea under Article 78, rather than formal Restorative Justice under Articles 79 to 88. The main obstacles include differences in law enforcement officers’ understanding, regulatory disharmony, victim protection, and inter-agency coordination. Therefore, regulatory harmonization, improved legal competence among law enforcement officers, and stronger victim protection are necessary.

Keywords: Restorative Justice, Guilty Plea, Criminal Justice, Victim Recovery