A Legal-Philosophical Perspective on the Resolution of Minor Criminal Offenses through restorative justice: An Analysis of the Values of Justice, Legal Certainty, and Utility

Abstract

Resolving minor criminal offenses through the conventional criminal justice process is often disproportionate to the harm caused and burdens law enforcement institutions, which is why restorative justice is regarded as an alternative. This study aims to describe the regulation of restorative justice in resolving minor criminal offenses in Indonesia and to assess the extent to which that regulation reflects the values of justice, legal certainty, and utility from the perspective of legal philosophy. The study employs a normative juridical method using statutory and conceptual approaches, with qualitative analysis of primary and secondary legal materials. The findings show that restorative justice has a regulatory basis at the investigation, prosecution, and court examination stages, among others through Indonesian National Police Regulation Number 8 of 2021, Indonesian Attorney General's Office Regulation Number 15 of 2020, and Supreme Court Regulation Number 1 of 2024. These regulations can reflect justice when agreements are reached voluntarily and victims' rights are protected, can reflect legal certainty when the requirements and authority at each stage are applied consistently, and are beneficial when they produce real and proportionate recovery. The study concludes that restorative justice is consistent with the aims of law when the balance among these three values is maintained.