Restorative justice in Indonesian criminal law: Integrating Pancasila values in police discretion practices

Abstract

Restorative Justice (RJ) has become an alternative approach in criminal law, emphasizing reconciliation and social restoration rather than punitive measures. This study examines the implementation of RJ in Indonesia by integrating Pancasila values, particularly the principles of Just and Civilized Humanity and Social Justice. The research employs a qualitative approach, utilizing a literature review, interviews with law enforcement officers, and case analysis of RJ applications under Indonesian National Police Regulation No. 8 of 2021. The findings reveal that RJ provides a humanistic and rehabilitative approach through mediation and dialogue, reducing the burden on the judicial system and strengthening social cohesion. However, inconsistencies in police discretion, cultural resistance, and a lack of structured training pose significant challenges to its implementation. The study concludes that while RJ aligns with Indonesia's legal and philosophical foundation, it requires legal reinforcement through statutory recognition, enhanced police training programs, and increased public awareness to ensure consistency and effectiveness. This research contributes to the discourse on RJ by demonstrating its potential to harmonize legal certainty with social justice, advocating for a balanced legal framework that integrates Pancasila values into Indonesia's criminal justice system.