EXPLORATION OF RESTORATIVE JUSTICE APPROACH TO REDUCE RECIDIVISM: A CRITICAL ANALYSIS OF ITS EFFECTIVENESS IN THE INDONESIAN CRIMINAL JUSTICE SYSTEM

Authors

  • Nabila Maulidiya Universitas Islam Negeri Sultan Maulana Hasanuddin Banten
  • Indi Ulya Kamalin Universitas Islam Negeri Sultan Maulana Hasanuddin Banten
  • Jelita Yupitasari Universitas Islam Negeri Sultan Maulana Hasanuddin Banten

DOI:

https://doi.org/10.36448/prolev.v7i1.255

Keywords:

Criminal Justice System, Indonesia, Restorative Justice, Recidivism, Theory of Punishment

Abstract

Indonesia’s criminal justice system faces significant challenges related to rising recidivism rates. Data from the Directorate General of Corrections suggests that Indonesia's recidivism rate could reach 24% by 2023, indicating the limitations of conventional sentencing approaches. This research critically analyses the effectiveness of relative punishment theory and explores restorative justice as a potential alternative to reduce recidivism. Using a literature review methodology, this research examines empirical data, theoretical frameworks, and implementation challenges of restorative justice in the Indonesian legal context. Comparative analysis shows that restorative justice approaches have a significantly lower recidivism rate of 12.7%, compared to 37.8% for punitive approaches and 28.4% for rehabilitation-based approaches. The research identified key implementation factors, including law enforcement commitment, active community participation, comprehensive policy support, and effective rehabilitation programs. Structural and cultural barriers were also examined, with recommendations for adapting restorative justice to the Indonesian socio-cultural context. The study concludes that integrating restorative justice principles into the criminal justice system is a strategic approach to address recidivism.

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Published

2024-04-30

How to Cite

Nabila Maulidiya, Indi Ulya Kamalin, & Jelita Yupitasari. (2024). EXPLORATION OF RESTORATIVE JUSTICE APPROACH TO REDUCE RECIDIVISM: A CRITICAL ANALYSIS OF ITS EFFECTIVENESS IN THE INDONESIAN CRIMINAL JUSTICE SYSTEM. Progressive Law Review, 7(1), 24–33. https://doi.org/10.36448/prolev.v7i1.255

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