The Effectiveness of Restorative Justice in Resolving Minor Criminal Offenses under Indonesia's New Criminal Code

Abstract

This study examines the effectiveness of restorative justice in resolving minor criminal offenses under Indonesia’s new Criminal Code, as stipulated in Law Number 1 of 2023. The study employs qualitative library research using normative juridical, statutory, and conceptual approaches. Legal materials were collected from the new Criminal Code, regulations concerning restorative justice issued by law-enforcement institutions, relevant court decisions, scholarly books, and peer-reviewed journal articles. The data were analyzed through qualitative content analysis by identifying, classifying, and interpreting legal norms and restorative justice principles. The findings indicate that restorative justice has significant potential to resolve minor criminal offenses more effectively, proportionately, and humanely than conventional retributive mechanisms. This approach promotes victim recovery, offender accountability, compensation for harm, reconciliation, and the restoration of social relationships. Its principles are consistent with the new Criminal Code’s sentencing objectives, which emphasize conflict resolution, restoration of social balance, rehabilitation, judicial pardon, and alternatives to short-term imprisonment. Nevertheless, its effectiveness remains constrained by fragmented regulations among law-enforcement agencies, differences in eligibility criteria, limited facilitator competence, unequal bargaining positions between victims and offenders, and inadequate monitoring of restorative agreements. Therefore, restorative justice should not merely be measured by the number of cases terminated or diverted from formal proceedings, but also by victim satisfaction, fulfillment of agreements, offender reintegration, and reduced recidivism. The study concludes that restorative justice can become an effective mechanism for resolving minor offenses provided that its implementation is supported by harmonized regulations, victim centered safeguards, competent facilitators, transparent procedures, and continuous evidence-based evaluation.