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Overcapacity in Correctional Institutions is a structural problem that is still a serious challenge in the correctional system in Indonesia. This condition is characterized by the number of inmates that far exceeds the ideal capacity, resulting in a decrease in the quality of coaching, health services, and security. This study aims to analyze the factors that cause overcapacity in prisons and the impact they have on the effectiveness of the correctional system. The method used is a normative juridical approach supported by empirical data from relevant agency reports. The results of the study show that the main factors causing overcapacity include the high crime rate, criminal policies that are still oriented towards prison sentences, and limited correctional facilities and infrastructure. The impact of overcapacity is very felt in the implementation of inmate development. Crowded housing conditions also increase conflicts between inmates, the spread of infectious diseases, and violations of basic rights. In addition, the limited number of correctional officers causes supervision to not run optimally and has the potential to trigger deviant practices in prisons. Therefore, it is necessary to reformulate penal policies through the optimization of non-prison penal alternatives, institutional capacity building, and strengthening rehabilitation and social reintegration programs to realize a more humane and just correctional system.

This study examines the Hybrid Model of Restorative Justice from a comparative perspective between Civil Law and Common Law systems as a reflection of the transformation of criminal law policy. The Civil Law system, rooted in legal positivism, emphasizes formal legal certainty through codification, whereas the Common Law system allows broader judicial discretion and judge-made law. These differing paradigms significantly influence the development and implementation of restorative justice. Indonesia, as a Civil Law country, has demonstrated a shift toward a hybrid legal policy by incorporating Common Law values into its criminal justice reforms, particularly through the National Criminal Code. This research employs a normative juridical method using conceptual, statutory, and comparative law approaches. The findings indicate that the Hybrid Model of Restorative Justice represents a strategic legal policy choice aimed at harmonizing legal certainty and substantive justice in accordance with the Pancasila legal ideals.

This study examines the urgency of regulating the nominal limit of restitution in criminal case resolution through a restorative justice approach from the perspective of legal certainty. Restorative justice in Indonesia is governed by PERKAP No. 8 of 2021, PERJA No. 15 of 2020, and PERMA No. 1 of 2024. However, none of these regulations explicitly stipulate the nominal limit of compensation payable to victims. The absence of such a provision potentially leads to legal uncertainty and unfair practices, particularly in cases where resolution depends on the offender's ability to pay restitution. This research adopts a normative juridical method using statutory and conceptual approaches. The study aims to analyze the necessity of regulating nominal limits and how such limits should be determined under the prevailing legal framework. The findings reveal that the lack of clear restitution limits hampers the effective implementation of restorative justice, undermines fairness, and fails to adequately protect victims' rights. Legal regulation of compensation limits is necessary to ensure legal certainty, prevent abuse of power, and uphold justice in the victim recovery process. The study recommends that the state promptly establish clear restitution limits through revision of existing regulations or formulation of new ones, taking into account the principles of justice, the offender’s financial capacity, and the proportionality of the victim's losses.

This study examines the effectiveness of legal protection for victims of cyberbullying in Indonesia from a victimological perspective. The rapid development of information technology and social media has led to an increase in cyberbullying cases, which significantly impact victims psychologically, socially, and emotionally. However, existing legal protections are often considered inadequate in addressing the needs of victims. This research aims to analyze the existing legal framework, evaluate its effectiveness, and assess the position of victims within the criminal justice system. The method used is normative legal research with statutory, conceptual, and victimological approaches, relying on secondary data from relevant legal literature and scientific journals. The findings indicate that although regulations such as the Electronic Information and Transactions Law (ITE Law) provide a legal basis, their implementation remains ineffective due to weak law enforcement, lack of victim-oriented approaches, and limited awareness of victims’ rights. Therefore, strengthening victim protection through a victimological approach, legal reform, and the application of restorative justice is necessary to ensure justice and recovery for victims.           

Law Number 11 of 2012 emphasizes restorative justice, diversion, and the protection and fulfillment of children’s rights within the juvenile justice system. In addition, Law Number 22 of 2022 highlights the importance of guidance and assistance aimed at supporting the social reintegration of children in conflict with the law. However, the implementation of these legal provisions at the Class I Correctional Center (Bapas) in Banda Aceh has not been fully effective due to several challenges, including the limited number of officers, inadequate initial assistance, and constraints in reporting and inter-institutional coordination. This study aims to analyze the implementation of assistance provided to juvenile correctional clients at Bapas Class I Banda Aceh and identify factors affecting its effectiveness. The research employs an empirical juridical method with descriptive qualitative analysis based on interviews, documentation, and legal literature. The findings reveal that assistance has been provided throughout all judicial stages, including pre-adjudication, adjudication, and post-adjudication processes. These activities involve community research, assistance during diversion and court proceedings, and post-verdict guidance. Nevertheless, implementation remains suboptimal due to internal factors such as limited Community Advisors and heavy workloads, as well as external factors including insufficient family support, limited community acceptance, and weak coordination between institutions. These issues affect the effectiveness of assistance and hinder children’s successful social reintegration.

The resolution of juvenile cases in Indonesia requires a restorative justice approach as outlined in Law Number 11 of 2012 on the Juvenile Criminal Justice System (UUSPPA). However, Article 7, paragraph (2) restricts diversion to crimes punishable by less than seven years, excluding repeat offenders. This presents challenges for minors involved in serious crimes, such as rape, leading to concerns over child protection and fairness in the justice system. The implementation of diversion in the Syari’ah Court follows national juvenile justice protocols but faces challenges, especially in maintaining consistency across law enforcement agencies and regions. The study employs an empirical juridical approach and explores the challenges of implementing diversion in the Aceh Sharia Court. Findings reveal that diversion efforts are often inconsistent and rely on the discretion of authorities. Although the Child Criminal Justice System Law mandates diversion for cases involving crimes with sentences under seven years and non-recidivists, its actual application varies. For instance, rape cases between 2020 and 2023 show that some were excluded from diversion due to their serious nature, while others still pursued diversion despite the potential for sentences exceeding seven years.

Drug misuse continues to be a complicated social and legal issue that has an impact on societal stability, public health, and personal wellbeing. Many criminal justice systems have moved away from punitive tactics in favor of rehabilitation-focused ones in recent years, especially for drug users who are frequently viewed as sufferers of addiction rather than serious criminals. The National Narcotics Agency (BNN) in Indonesia is implementing rehabilitation programs and restorative justice processes as a result of this change. This study investigates the efficacy of restorative justice in drug rehabilitation at Jambi Province's National Narcotics Agency and evaluates its applicability from the standpoint of Islamic law, specifically the framework of maqāṣid al-sharīʿah. The study uses a case study design and a qualitative methodology. Participant observation, document analysis, and in-depth interviews with BNN officials, rehabilitation counselors, medical staff, and ex-drug users were used to gather data. The results show that an integrated evaluation system that assesses drug users' physical, psychological, and social states in order to determine their eligibility for recovery is used to institutionally apply restorative justice principles. Combining medical care, psychological counseling, and social reintegration programs, the rehabilitation programs greatly aid in participants' recuperation, enhance psychological stability, and fortify familial ties. Additionally, by promoting individual responsibility, family support, and community involvement, restorative justice-based rehabilitation lowers the risk of recidivism. From the standpoint of Islamic legal philosophy, these actions are consistent with the goals of maqāṣid al-sharīʿah, specifically the defense of human dignity, life (ḥifḍ al-nafs), and intellect (ḥifḍ al-ʿaql). According to the study's findings, restorative justice-based rehabilitation is a compassionate and successful method of treating drug dependency while encouraging social reintegration and long-term recovery.

For criminal justice systems, the growing number of young people involved in drug-related crimes is a serious problem, especially when it comes to striking a balance between law enforcement and child protection and rehabilitation. By contrasting viewpoints from Islamic law and Indonesian positive law, this study investigates the use of restorative justice in the processing of adolescent drug cases in Tanjung Jabung Barat Regency, Jambi. The study used a qualitative socio-legal methodology that integrates normative legal analysis with empirical field data gathered via observations, interviews, and document analysis involving law enforcement personnel, rehabilitation facilities, families, and community people. The results show that diversionary measures required by Law No. 11 of 2012 regulating the Juvenile Criminal Justice System are the main means by which restorative justice is applied in juvenile drug cases. In order to guarantee that children are not subjected to punitive detention but rather have options for recovery and social reintegration, these systems prioritize mediation, rehabilitation, and community involvement. From the standpoint of Islamic law, restorative justice is consistent with fundamental tenets like tawbah (repentance), islah (reconciliation), and the protection of human welfare, all of which place an emphasis on moral reform and the preservation of children's dignity. These ideas support the adoption of restorative measures in the resolution of adolescent drug offenses in Tanjung Jabung Barat, a sociocultural setting where Malay-Islamic beliefs have a significant impact on community life. The report does, however, also point out a number of difficulties, such as the lack of rehabilitation facilities, the societal stigma associated with juvenile offenders, and the inconsistent use of diversion by law enforcement. The study comes to the conclusion that a framework for handling juvenile drug cases that prioritizes the rehabilitation and future well-being of children is both culturally sensitive and legally sound when restorative justice ideas are integrated with Islamic legal values and Indonesian statutory law.

Domestic violence (DV) remains a complex legal and social problem, threatening family stability and human dignity. Although Law No. 23 of 2004 concerning the Elimination of Domestic Violence provides strict sanctions, conventional punishment methods are often considered ineffective in restoring damaged social relationships within families. This study examines the implementation of restorative justice in resolving domestic violence cases within the Bungo Police jurisdiction, from the perspective of positive law and Islamic law. This study uses an empirical legal approach and a sociological perspective, with primary data collected through interviews with investigators from the Women and Children Protection Unit (PPA), as well as secondary data from laws, police regulations, and related academic literature. The results show that restorative justice has been applied to several domestic violence cases during the investigation stage through mediation and peace agreements between the parties involved. This method helps reduce the backlog of cases, accelerates dispute resolution, and maintains family social stability. However, challenges remain, such as the possibility of re-victimization due to the imbalance of power between victims and perpetrators. From an Islamic legal perspective, restorative justice is in line with the principles of ta'zīr and maqāṣid al-sharī'ah, especially the preservation of human dignity, life and offspring. By guaranteeing the protection of victims and preventing repeated violence, restorative justice can be an additional mechanism in cases of domestic violence.

This study uses an integrated analysis of positive law and Islamic law at Polres Bungo to investigate the reconstruction of sanctions for juvenile offenders during the investigation stage. Empirical trends suggest a procedural and administrative orientation that may restrict substantive rehabilitation, even though Undang-Undang Nomor 11 Tahun 2012 tentang Sistem Peradilan Pidana Anak (Juvenile Criminal Justice System Act) formally adopts restorative justice, diversion, and the best interests of the child as guiding principles. Using a multidisciplinary approach that integrates statutory, theological-normative (shar‘i), and historical considerations, this study uses a normative qualitative design based on library research. The theoretical framework incorporates maqāṣid al-sharīʿah as a normative evaluation instrument, legal effectiveness theory, and punishment theories. The findings reveal a conceptual convergence between Indonesian positive law and Islamic criminal jurisprudence in differentiating criminal responsibility based on maturity and prioritizing rehabilitation over retribution. There are still differences, nevertheless, when it comes to age criteria and the classification of sanctions: Islamic law places more emphasis on moral and biological maturity (baligh and tamyīz), whereas positive law focuses on strict legislative boundaries. The predominance of formal legality over psychosocial assessment at the investigative level runs the risk of undermining rehabilitative goals. In order to maintain proportionality and child protection, this study suggests a reconstructive paradigm that operationalizes maqāṣid-based principles, combines thorough psychological evaluation, and improves diversion measures. In addition to realistically advancing the creation of a more equitable, rehabilitative, and child-centered investigative framework, the research theoretically advances the conversation about harmonizing state and Islamic law.

The enactment of Law Number 1 of 2023 concerning the Criminal Code (KUHP) marks a historic milestone in the reform of Indonesia's criminal law system. This study examines the fundamental changes from the old Criminal Code (Wetboek van Strafrecht) to the new National Criminal Code, focusing on the paradigm shift from retributive justice to restorative justice as a form of law enforcement reform. Using a normative juridical method with a statutory and comparative approach, the study analyzes the philosophical, structural, and substantive transformation embedded in the new Criminal Code. The findings indicate that the new Criminal Code introduces significant reforms including the adoption of the dualistic theory separating criminal acts from criminal liability, the recognition of living law, the expansion of criminal subjects to include corporations, the formulation of sentencing guidelines based on restorative principles, and the integration of Pancasila values as the moral foundation of the criminal law system. The case of corruption prosecution involving the Chromebook laptop procurement at the Ministry of Education illustrates the ongoing challenges of criminal law enforcement during this transitional period. This research concludes that the transition from the old to the new Criminal Code constitutes a comprehensive legal reform that transforms not only normative substance but also the fundamental paradigm of criminal law enforcement in Indonesia

Child violence cases in Jayapura City demonstrate a distinctive pattern of legal settlement characterised by the strong coexistence of customary law and the formal juvenile criminal justice system. While national legislation mandates diversion and restorative justice as primary mechanisms in handling children in conflict with the law, empirical findings reveal that most cases are resolved through indigenous customary forums known as para-para adat. This study aims to analyse the forms of settlement applied to child violence cases and to identify the constraints encountered in implementing both customary mechanisms and the formal juvenile justice system. The research employs a normative-empirical approach by combining statutory analysis with field data obtained from law enforcement institutions, legal aid organisations, and community respondents. The findings indicate that approximately ninety percent of cases between 2019 and 2024 were settled through customary mechanisms involving collective responsibility and the payment of customary fines as symbolic and material restoration. Diversion mechanisms under the formal system were rarely implemented. Although customary settlement is perceived as flexible, culturally legitimate, and socially restorative, several obstacles persist, including disagreement over compensation, inability to fulfil customary obligations, and limited awareness of restorative justice procedures. The study highlights the need to harmonise legal pluralism within child protection policies to ensure that customary practices align with the best interests of the child and national legal standards.

This study aims to examine the judge's considerations in rendering decisions in aggravated theft cases at the Medan District Court, with an emphasis on the balance between legal and non-legal aspects in realizing substantive justice. The issue of disparate sentencing that frequently arises is the main background of this study. The methods used are an integrated normative legal approach and an empirical legal approach. The normative approach is used to examine the provisions of Article 363 of the Criminal Code (KUHP) and the legal principles that govern the judge's considerations, while the empirical approach is carried out through direct observation of the trial process and analysis of the judge's decision. The results of the study indicate that the judge in case Number 1110/Pid. B/2025/PN Medan not only complied with legal aspects such as fulfilling the elements of the crime, evidence, and the application of the principle of legality, but also considered non-legal aspects such as the socio-economic conditions, age, and motives of the defendant. These considerations demonstrate the application of the principles of criminal individualization and proportional justice. In addition, the judge also considered moral values ​​and social benefits in his decision, which is in line with Gustav Radbruch's theory of three basic legal values: justice, legal certainty, and utility. This study concludes that the thinking patterns of judges at the Medan District Court reflect a shift toward substantive and restorative justice paradigms. It is recommended that the Supreme Court strengthen integrated sentencing guidelines to avoid disparities in sentencing and encourage the adoption of a rehabilitative approach for offenders with low economic motivations.

Efforts to protect children in conflict with the law constitute a concrete manifestation of the state’s responsibility in implementing the principles of restorative justice. This study aims to comprehensively examine the implementation process of diversion at the Pengadilan Negeri Bukittinggi and to assess the extent to which its application achieves the primary objective of the juvenile criminal justice system, namely restoring the child’s social condition without emphasizing retribution. This research employs an empirical juridical approach by combining literature review and field research through interviews with judges, court clerks, and other relevant parties. The findings indicate that the implementation of diversion at the Pengadilan Negeri Bukittinggi has been carried out in accordance with Law Number 11 of 2012 concerning the Juvenile Criminal Justice System. The diversion process is conducted through deliberation involving the offender, the victim, their respective families, and supporting institutions under the guidance of a diversion facilitator. However, several challenges remain, including limited public understanding of the importance of restorative-based settlement, insufficient human resources with adequate competence in implementing diversion, and frequent failures in reaching agreements between offenders and victims. This study concludes that diversion in court proceedings is not merely a legal obligation but also an essential instrument in creating a more humane child-oriented justice system. Therefore, enhancing the competence of law enforcement officers and strengthening inter-agency coordination are necessary to support the sustainable success of diversion.

This research examines Islamic legal protection for victims of social engineering crimes within the context of cybercrime. Social engineering is a form of digital crime that exploits psychological manipulation and trust to obtain personal data, system access, or financial benefits. Such crimes cause not only material losses but also immaterial harm, including psychological trauma, violations of privacy, dignity, and personal security. However, positive legal frameworks tend to prioritize offender punishment, while victim protection and recovery remain insufficiently addressed. This study adopts a qualitative approach with a normative-juridical research design, complemented by limited empirical insights. Data were collected through library research on Islamic legal sources—namely the Qur’an, Hadith, and fiqh jināyah—alongside statutory regulations on cybercrime and selected interviews with legal scholars and practitioners. The analysis employs a descriptive-analytical method grounded in the maqāṣid al-sharī‘ah framework, particularly the principles of ḥifẓ al-māl (protection of property), ḥifẓ al-‘irḍ (protection of dignity), and ḥifẓ al-nafs (protection of life and psychological security). The findings demonstrate that Islamic law provides a robust normative foundation for protecting victims of social engineering crimes. Such protection extends beyond retributive punishment through ta‘zīr and emphasizes restorative justice by prioritizing victims’ rights restoration, offender accountability, and public welfare. Islamic law is both adaptive and relevant in addressing contemporary cybercrime challenges and may serve as a humanistic, just, and responsive model for victim protection in the digital era.

The enforcement of election criminal law plays a crucial role in safeguarding democratic integrity and upholding the principle of popular sovereignty. Law Number 7 of 2017 establishes the Integrated Law Enforcement Center (Sentra Gakkumdu) as a coordinated mechanism involving the Election Supervisory Body, the Police, and the Prosecution Service in addressing election crimes. However, in practice, the Gakkumdu system has not fully ensured a balanced realization of legal certainty, substantive justice, and legal utility. This study aims to analyze the problems of election criminal law enforcement within the Gakkumdu system, examine the relevance of the Restorative Justice approach in election law, and formulate a reconstruction of election criminal law enforcement based on this approach. This research employs normative legal research using statutory, conceptual, legal philosophy, and legal policy approaches. The findings indicate that the weaknesses in election criminal law enforcement arise from institutional fragmentation, normative ambiguity, and a legal culture dominated by legalistic and sectoral perspectives. The Restorative Justice approach is considered relevant as it prioritizes substantive justice and the restoration of democratic values. Therefore, reconstructing election criminal law enforcement based on Restorative Justice is essential to strengthening democratic legitimacy and public trust in elections in Indonesia.

This study aims to examine the implementation of restorative justice within Bungo Regency's criminal judicial system from the perspective of Islamic law. Although restorative justice has been formally adopted in Indonesia through various regulations, its application at the regional level remains an important issue that requires careful attention. The study employs a juridical-empirical research design with a qualitative approach. Data was gathered through observations, in-depth interviews with law enforcement, religious leaders, victims, and offenders, and document analysis. The analysis integrates perspectives from both positive law and Islamic law, particularly focusing on the principles of qiṣāṣ–diyāt, ṣulḥ, ‘afw, ta‘zīr, and maqāṣid al-sharī‘ah. The findings indicate that restorative justice is used in certain criminal cases during the investigative phase in Bungo Regency. However, its effectiveness is limited by factors such as varying levels of readiness among victims and offenders, insufficient technical regulations, community resistance, and inconsistent understanding among law enforcement. From an Islamic law perspective, restorative justice aligns well with Islamic justice principles, particularly those emphasizing public welfare, forgiveness, and restoration. The study concludes that restorative justice is a contemporary manifestation of principles deeply rooted in Islamic legal tradition and not a contradiction of Islamic law. To improve its application, enhancing law enforcement competence, engaging religious and community leaders, and integrating Islamic legal principles into criminal justice policies are essential.

Environmental pollution and degradation remain serious issues in Indonesia, causing significant impacts on ecosystems and the social life of communities. One of the fundamental principles in environmental law aimed at ensuring ecological restoration is the Polluter Pays Principle (PPP), which obliges polluters to bear all costs arising from environmental pollution or damage caused by their activities. This study aims to analyze the effectiveness of enforcing the Polluter Pays Principle as a mechanism for ecological restoration in resolving environmental disputes in Indonesia. The research employs a normative legal research method using statutory and conceptual approaches. The findings indicate that although the Polluter Pays Principle has been normatively adopted in Law Number 32 of 2009 on Environmental Protection and Management, its implementation in practice remains suboptimal. Major obstacles include weak law enforcement, power imbalances between business actors and affected communities, lack of transparency in the use of compensation funds, and limited public participation in environmental restoration processes. Therefore, strengthening regulatory frameworks, enhancing the capacity of law enforcement institutions, and adopting a restorative justice approach are necessary to ensure that the Polluter Pays Principle functions effectively in achieving ecological restoration and environmental justice in Indonesia.

This research is motivated by the phenomenon of theft committed by 15-year-old adolescents in market environments, which creates tension between criminal law enforcement and the principle of child protection in the Indonesian legal system. The study aims to analyze the legal regulations of theft under the old Criminal Code (Law No. 1 of 1946), the new Criminal Code (Law No. 1 of 2023), and the Juvenile Criminal Justice System Law; to examine the criminal liability of adolescents from the perspective of criminal law theory; and to review the implementation of restorative justice and diversion. The research method used is normative legal research with statutory, conceptual, and case approaches, particularly reviewing the provisions of Article 591 of the new Criminal Code, the theory of fault, and the principle of proportionality. The results indicate that the criminal liability of children must take into account psychological limitations, maturity levels, and criminogenic factors, including the influence of the social environment. Furthermore, the mens rea element in the phrase "known or reasonably suspected" is difficult to apply in practice to transactions involving small losses, as price reasonableness can obscure indications of malicious intent. This finding affirms that imposing criminal penalties on children in cases of petty theft potentially contradicts the principles of ultimum remedium and proportionality. Therefore, law enforcement should prioritize diversion, mediation, and restorative justice approaches by involving families and communities to achieve substantive justice and prevent excessive criminalization of children.

This article examines the handling of sexual harassment offenses within Indonesia’s criminal justice system, which faces complex challenges, particularly when restorative justice (RJ) is used as an alternative mechanism for case resolution. This study analyzes the implementation of RJ in sexual harassment cases at the Sleman Resort Police (Polres Sleman), referring to the Indonesian National Police Regulation No. 8 of 2021 on the Handling of Criminal Acts Based on Restorative Justice. The analysis focuses on how this policy is applied at the operational level and how its practice interacts with the normative provisions set forth in Law No. 12 of 2022 on Sexual Violence Crimes (UU TPKS), which explicitly prohibits non-judicial settlement for several categories of sexual violence. Using a qualitative approach through interviews, observations, and document analysis, the study finds that RJ continues to be applied at Polres Sleman despite its potential conflict with the prohibitions stipulated in the UU TPKS. At the operational level, the legal culture of police officers plays a significant role in encouraging the use of RJ, driven by pragmatic considerations such as efficiency in case resolution, social pressure from the community, and officers’ perceptions of the seriousness of sexual harassment cases. As a result, victims’ rights often fail to become the central focus, even though victimology emphasizes the importance of victim recovery and protection. The study concludes that regulatory harmonization, increased sensitivity of law enforcement officers toward sexual violence issues, and strengthened victim protection mechanisms are essential to ensure that the application of RJ does not undermine substantive justice.