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The Juvenile Criminal Justice System (SPPA) in Indonesia is a manifestation of special protection for children in conflict with the law, prioritizing the principles of restorative justice and diversion. This study aims to analyze the implementation of the SPPA based on Law Number 11 of 2012 concerning the Juvenile Criminal Justice System and to identify the legal challenges that arise in its practice. The research method used is normative legal with a legislative and conceptual approach. The results of the study show that although the regulations mandate diversion efforts as a top priority in resolving juvenile cases, there are still obstacles in its implementation, both in terms of the readiness of law enforcement officials, limited supporting facilities, and the perception of the community, which still tends to expect a retributive (punitive) approach. In addition, the protection of children's rights during the judicial process is often not optimally fulfilled. This analysis concludes that strengthening inter-agency coordination and increasing law enforcement officials' understanding of restorative justice are key to the effectiveness of this system. Further regulatory harmonization and strengthening the role of the Correctional Center in overseeing the diversion process are needed to ensure that the best interests of the child remain the top priority at every stage of the judicial process

Restorative Justice in the Perspective of Modern Criminal Law: Challenges and Regulatory Reforms in Indonesia by a retributive approach that emphasizes punishing the offender as a form of retribution. However, this approach is considered unable to provide comprehensive justice, especially for the victims, and is not effective in resolving the social conflicts caused by criminal acts. Therefore, the concept of restorative justice has emerged as a new paradigm that emphasizes the restoration of victim losses, the responsibility of the perpetrator, and community involvement in the resolution of cases. This research aims to analyze the concept and theoretical foundations of restorative justice, its implementation in the criminal justice system in Indonesia, as well as the challenges and the need for regulatory renewal. The research method used is normative legal research with a legislative and conceptual approach, supported by secondary data as the main source. The research results show that restorative justice has been regulated in various sectoral regulations, such as Police Regulation Number 8 of 2021, Attorney General Regulation Number 15 of 2020, Law Number 11 of 2012, and Supreme Court Regulation Number 1 of 2024. However, the regulations are still partial and not integrated into a comprehensive legal framework, leading to differences in understanding and application among law enforcement officials. Therefore, the establishment of a specific law on restorative justice is necessary to ensure legal certainty, uniform application, and to create a more humane, just, and recovery-oriented criminal justice system.

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

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.

This study explores the reconstruction of the abolition of compensation payments to foster justice for convicts, specifically evaluating the intersection between Law No. 31 of 1999 and Law No. 20 of 2001. The research addresses the persistent legal dilemma where state loss recovery mechanisms often overlook the fundamental rights and socio-economic realities of prisoners. Under the current regime, the imposition of substitute imprisonment for unpaid financial obligations is perceived as a "layered punishment" that undermines human dignity and fails to reflect proportional justice. The analysis reveals that the retributive orientation established in Law No. 31 of 1999 results in a "lose-lose" outcome: the state remains uncompensated while the financial burden of correctional costs increases due to extended incarceration. By integrating the fiscal and state financial management principles found in Law No. 20 of 2001, this research proposes a shift toward more proportional and restorative asset recovery. The study concludes that the role of the Prosecutor must be reoriented toward accurate asset tracing and the implementation of humane payment schemes. Future legal reforms must ensure that the state's interest in fiscal restoration does not sacrifice the convict's basic rights, prioritizing distributive justice to create a more humane anti-corruption framework.

This study aims to explore the concept of reconciliation in Christian theology as a philosophical foundation for an alternative criminal justice model involving the LGBT community. The retributive criminal law approach is often considered ineffective in addressing the complexities of legal, social, and religious conflicts related to religious sexual minorities. Using a qualitative method and a constructivist approach, this study analyzes the meaning of reconciliation through sacred texts, doctrine, and interviews with theologians, legal practitioners, and the Christian LGBT community. This approach reveals the subjective understanding of the actors regarding reconciliation and justice. The findings show that the core of reconciliation theology is the restoration of relationships, recognition, and transformation, which can form an ethical framework for the restorative justice model. This model offers a holistic solution, not only addressing legal consequences but also restoring social harmony by respecting individuals' dual identities. The article concludes that the integration of theological insights can lead to a more inclusive and transformative criminal justice paradigm for the LGBT community, resulting in a more humane and just resolution.

The paradigm of the Indonesian criminal justice system is currently undergoing a significant shift from a retributive approach toward a restorative one. Criminal offenses resulting from negligence (culpa) present a unique case within this transition, as they lack malicious intent (mens rea in the form of dolus), yet often result in severe harm or loss of life. Despite its potential, the application of restorative justice for culpa offenses remains hindered by fragmented and sectoral regulations among law enforcement agencies, leading to legal uncertainty and inconsistent implementation. This research aims to analyze the urgency of restorative justice in negligence cases and proposes a model for its reconstruction. Using a normative juridical research method with statutory and conceptual approaches, this study examines existing regulations from the National Police, the Attorney General’s Office, and the Supreme Court. The findings indicate that the current framework requires a structural reconstruction through the synchronization of inter-institutional policies and the integration of restorative justice principles into the National Criminal Procedure Code (KUHAP). This reconstruction is essential to ensure a unified standard that balances legal certainty, the rehabilitation of the offender, and the restoration of the victim’s rights in unintentional crimes.

This study examines the urgency of reforming law enforcement institutions in handling child offenders in Indonesia. The enactment of Law No. 11 of 2012 on the Criminal Justice System for Children (SPPA) marked a paradigm shift from retributive justice to restorative justice. However, its implementation has not been optimal because law enforcement institutions are still sectoral and not integrated. This study uses a normative juridical approach with empirical juridical support to analyse the conformity of legal norms with institutional practices. Data were obtained from legislation, scientific literature, and interviews with law enforcement officials and child protection practitioners. The results show that the implementation of diversion is still low due to weak coordination between institutions, limited human resources, and the absence of an integrated institutional mechanism. Institutional reform is needed to strengthen synergy between institutions, foster a humanistic mindset among officials, and ensure child protection in accordance with the principles of restorative justice. This study recommends the establishment of a permanent coordination body between child law enforcement agencies and ongoing training for officials. Institutional reform is seen as a strategic step towards realising a juvenile justice system that is not only normative but also substantively fair and restorative.

Law Number 11 of 2012 concerning the Juvenile Criminal Justice System shifts the paradigm of child handling from a retributive approach to a restorative one through a diversion mechanism. This study aims to analyze the effectiveness of the application of restorative justice in handling cases of child abuse in the jurisdiction of the Binjai Police. The method used is empirical juridical with a socio-legal research approach, including document studies, observations, and interviews with child perpetrators, victims, and investigators. Of the 36 cases of child abuse, 25 cases (69.4%) were resolved through diversion and 11 cases (30.6%) through the formal justice process. The research findings indicate that the application of restorative justice is effective in reducing the criminalization and stigmatization of children and is in line with the principle of the best interests of the child as specified in the SPPA Law. However, optimization of implementation needs to be done through strengthening human resources, improving coordination between stakeholders, and developing a periodic evaluation system. This research contributes to the development of a more humane and sustainable juvenile criminal justice policy.

Indonesia has two frameworks of a criminal law system that runs in parallel, namely Western criminal law which comes from the Dutch colonial heritage through the Criminal Code (KUHP) and customary criminal law that develops in society based on traditional norms. Both have important positions in the national legal system despite their different characters and sources of legitimacy. The Criminal Code is present as a general written law with a strong codification and legal certainty, while customary criminal law is more flexible, dynamic, and emphasizes the value of social justice that lives in society. In practice, the application of customary criminal law is often oriented towards restoring harmony, deliberation, and family settlement. This is different from the Criminal Code which emphasizes formal sanctions in the form of imprisonment, fines, or other punishments that are retributive. This difference in orientation is what makes customary criminal law still relevant and accepted in various regions, even though it does not always receive full recognition in Indonesia's positive legal system. Along with the times, the government has drafted a Draft Criminal Code Bill (RUU KUHP) which is expected to be a form of national criminal law unification. The Criminal Code Bill from 2005 to the latest one in 2020 tried to incorporate elements of customary criminal law into the national legal framework. This aims to accommodate the legal pluralism that exists in Indonesia, as well as answer the needs of the community for a legal system that not only provides legal certainty, but also reflects a sense of social justice. Thus, the comparison between the Criminal Code and customary criminal law shows that there is tension as well as the potential for integration.

This study examines criminal responsibility in the context of utility through LPKA policy, motivated by the increasing involvement of children in deviant behavior that requires a humanistic approach to rehabilitation. Using a legal-normative method with a legal and theoretical approach, the study analyzes the implementation of Jeremy Bentham's utilitarianism in the child rehabilitation system. The results indicate that LPKA has adopted the principle of utilitarianism through a paradigm shift from retributive to restorative, reflected in comprehensive rehabilitation programs encompassing education, skills training, and psychosocial support. However, optimal implementation is hindered by resource constraints and an inadequate evaluation system. The study recommends the development of a sustainable evaluation mechanism that includes long-term indicators to measure effectiveness in accordance with utilitarianism principles.

This normative legal study examines the potential and challenges of implementing restorative justice approaches in cases involving corporate perpetrators within Indonesia's criminal justice system. The research employs statute, conceptual, and case approaches to analyze legal principles, norms, and court decisions related to corporate criminal liability and restorative justice mechanisms. Through comprehensive literature review of international academic databases and examination of Indonesia's legal framework, including the New Criminal Code of 2023 and Prosecutor's Regulation No. 15 of 2020, the study reveals that restorative justice offers a transformative alternative to traditional retributive models by prioritizing restoration, rehabilitation, and reconciliation between corporate offenders, victims, and affected communities. The dual track system selective model emerges as the most appropriate framework for corporate restorative justice implementation, enabling selective application while maintaining prosecutorial discretion for serious offenses. However, significant challenges persist, including the absence of specific regulatory frameworks for corporate actors, structural complexities arising from the non-personified nature of corporate entities, and profound power imbalances between corporations and victims that threaten process integrity. The study demonstrates that successful implementation requires comprehensive legal reforms, enhanced institutional capacity, robust victim support mechanisms, and safeguards against corporate manipulation. The research concludes that while restorative justice holds considerable promise for enhancing corporate accountability and victim restoration, effective implementation is contingent upon establishing clear legal frameworks, technical guidelines, and protective measures that address inherent power asymmetries between corporate offenders and their victims.

This study analyzes the judicial considerations in sentencing a perpetrator of money laundering originating from investment fraud, using the case of Decision Number 336/Pid.B/2023/PN Jkt.Pst as a reference. The defendant, Iwan Sabar, was proven to have employed a sophisticated scheme involving multiple fictitious entities to deceive victims and conceal the proceeds of crime. The analysis reveals that the judge applied a systematic legal and factual approach, including the principles of continuous acts (voortgezette handeling) and concursus realis between fraud and money laundering. In terms of penal objectives, the ruling reflects retributive and deterrent goals through a 10-year prison sentence and a fine of IDR 4 billion. However, rehabilitative and restorative aspects remain underdeveloped due to the absence of specific rehabilitation programs and a lack of clear mechanisms for victim compensation. Therefore, it is recommended that penal policies for economic crimes emphasize not only punishment but also victim recovery and offender reform in alignment with modern criminal justice principles.

The urgency of updating the approach in handling minor crimes is increasingly relevant amidst society's demands for a more just and humane legal system. This article aims to examine the concept of restorative justice as an alternative for resolving minor crimes and assess its relevance to the social justice agenda in Indonesia. This research uses a qualitative method with a descriptive-analytical approach. Data was collected through literature studies, policy documentation, and in-depth interviews with law enforcement officials and community figures. The research results show that restorative justice is able to be a more efficient, inclusive and solution mechanism than the retributive approach, by prioritizing the restoration of relationships between perpetrators, victims and society. These findings strengthen restorative legal theory and provide a real contribution to the discourse on criminal law reform based on local values ​​and social justice. In conclusion, the implementation of restorative justice has great potential to strengthen social cohesion and build a more responsive and participatory legal system. This research recommends the need to strengthen regulations and training of officials to overcome obstacles in their implementation, as well as opening up space for further exploration in a broader context.

This paper discusses legal protection for children as offenders in the juvenile justice system in Indonesia through a restorative justice approach. The study aims to analyze the effectiveness of this approach and the challenges faced in its implementation. The method used is normative juridical with a legislative and conceptual approach. The research findings indicate that the restorative justice approach offers a more child-friendly resolution mechanism, protects children from social stigma, and focuses on restoring social relationships. However, its implementation is still hindered by a lack of understanding among law enforcement officials, limited resources, and a legal culture that predominantly favors a retributive approach. A synergy among various parties is needed to enhance the effectiveness of legal protection for child offenders.

This study examines justice in employment law from the perspective of legal philosophy, focusing on the relationship between employers and workers in Indonesia. Based on Article 27 paragraph (2) and Article 28D paragraph (2) of the 1945 Constitution, justice in employment relations is considered as one of the manifestations of human rights that must be guaranteed by the state. However, in practice, the imbalance in the bargaining position between employers and workers often creates injustice, especially in wages, job protection, and the fulfillment of basic workers' rights. Through a legal philosophy approach, this study analyzes the application of the concepts of distributive, commutative, and retributive justice in employment relations. The results of the study show that although employment regulations, such as Law Number 13 of 2003 concerning Employment, have attempted to create justice, their implementation still faces various obstacles, including weak supervision and bias towards economic interests. This study has theoretical benefits in deepening the study of legal philosophy related to justice in industrial relations, as well as practical benefits in providing recommendations for policy makers to improve employment regulations. Thus, this research is expected to be a foundation for creating fairer and more balanced working relationships in Indonesia.

Restorative justice or restorative justice, is an approach that emphasizes restoring losses experienced by victims, reintegrating perpetrators into society, and repairing social relationships damaged by criminal acts. In contrast to the retributive approach which focuses on punishment as retribution for legal violations, this research aims to analyze the concept of mediation as an alternative for resolving criminal acts from a restorative justice perspective and the effectiveness of mediation in reducing the burden on the courts and increasing the efficiency of the criminal justice system. This research is a type of normative legal research that uses a conceptual approach. The data source used in this research is secondary data. The results of this research are that mediation as an alternative for resolving criminal acts from a restorative justice perspective has great potential to create more substantive and sustainable justice. Mediation is an effective tool for reducing the burden on courts and increasing the efficiency of the criminal justice system. By providing a faster, more cost-effective and flexible dispute resolution mechanism, mediation not only helps reduce the backlog of cases in court, but also creates more satisfactory solutions for victims and perpetrators.

This research discusses the release of criminal sanctions in the SPPD KKR Aceh corruption case on the grounds that there is restorative justice at the police level because state losses have been returned. The resolution of corruption cases should refer to Law Number 20 of 2001 concerning Amendments to Law Number 31 of 1999 concerning the Eradication of Corruption Crimes. This law has the principle of retributive justice and does not recognize restorative justice so that imposing criminal sanctions is the main option. 58 Actors who have authority because of their position have been proven to have committed corruption which is detrimental to state finances. On this basis, the 58 perpetrators should be given appropriate sanctions in Article 3 of Law Number 20 of 2001 concerning Amendments to Law Number 31 of 1999 concerning Eradication of Corruption Crimes. This research uses a Juridical-Normative research method which is carried out by means of a literature study of available legal materials. This research method will be used to analyze sanctions against the 58 perpetrators of corruption in accordance with applicable positive law.

Environmental crimes committed by corporations cause broad ecological, social, and economic impacts on society and environmental sustainability. However, the system of corporate criminal liability in Indonesia still tends to rely on a retributive approach through fines and imprisonment of corporate managers. This approach is considered ineffective because it has not been able to restore environmental damage and fulfill the rights of affected communities. This study aims to analyze the weaknesses of corporate criminal liability in environmental crimes and reconstruct a restorative justice-based model of criminal responsibility. This research employs normative legal research using statutory and conceptual approaches. The results indicate that the reconstruction of corporate criminal liability should focus on environmental restoration through ecological rehabilitation mechanisms, compensation for affected communities, ecological penal mediation, and independent environmental audits. The restorative justice approach provides opportunities for corporations to take concrete responsibility for the environmental damage they cause so that environmental law enforcement is not merely punishment-oriented, but also aimed at environmental recovery and social justice.

Restorative justice or better known as restorative justice in the development of schools of law and punishment in human civilization, where the state returns the ius ponale and ius poniendi mandates to the community within the framework of healing, recovery and recovery. Restorative justice is a concept of thinking that responds to the development of the criminal justice system by focusing on the need to involve actors, communities and victims as a social recovery step in social relations. The principle of restorative justice is one of the principles of law enforcement in resolving cases which can be used as an instrument of recovery and has been implemented by the supreme court in the form of policy implementation (Supreme Court Regulations and Supreme Court Circulars). Restorative justice is considered a model of modern punishment that is more humane than the retributive justice used in the current justice system. One of the applications of this is the termination of the prosecution process by the prosecutor.