Restorative Justice as a Paradigm Shift from Retribution to Restoration

Abstract

The development of criminal law in Indonesia demonstrates a paradigm shift in sentencing from a retributive approach oriented toward punishment to a restorative approach that emphasizes repairing the harm caused by criminal offenses. This shift is consistent with the reform of Indonesia’s national criminal law through Law Number 1 of 2023 concerning the Criminal Code (KUHP), which directs sentencing toward the protection of society, conflict resolution, the restoration of balance, and the social reintegration of offenders. This study aims to analyze restorative justice as a sentencing paradigm oriented toward restoration and to examine the roles of victims, offenders, and society in the resolution of criminal cases. This research employs a normative legal research method using statutory and conceptual approaches through an examination of relevant legislation, legal principles, and legal doctrines. The findings indicate that restorative justice offers a more comprehensive approach to addressing criminal offenses by positioning victims as parties whose rights and needs must be fulfilled, offenders as parties responsible for repairing the consequences of their actions, and society as an essential component of the restoration process and the prevention of recidivism. This paradigm shift does not eliminate criminal liability or negate the function of sentencing; rather, it directs law enforcement toward an approach that focuses not solely on punishment but also on the restoration of losses, the improvement of social relationships, and the reintegration of offenders into society.