The Dilemma of Implementing Restorative Justice in Juvenile Criminal Cases in Indonesia

Abstract

Restorative justice has been widely recognized as a more holistic approach to addressing juvenile criminal cases, focusing on repairing harm, fostering accountability, and promoting rehabilitation rather than punitive measures. However, the implementation of restorative justice in Indonesia faces significant challenges due to the country's existing legal framework and societal perspectives on crime and punishment. This research explores the dilemma of applying restorative justice in juvenile criminal cases within the Indonesian legal system, particularly in relation to its compatibility with the traditional criminal justice system, public opinion, and the effectiveness of rehabilitation programs. By examining case studies and legal precedents, the study critically analyzes the barriers to and potential benefits of adopting restorative justice practices in Indonesia’s juvenile justice system. Furthermore, it evaluates the role of law enforcement, the judiciary, and social institutions in supporting restorative justice initiatives and their impact on the reintegration of juvenile offenders. The research findings suggest that while restorative justice offers promising alternatives to punitive measures, its implementation remains fraught with legal, cultural, and institutional challenges that must be addressed to achieve its full potential. This study contributes to the ongoing discourse on juvenile justice reform in Indonesia and proposes practical recommendations for overcoming these dilemmas to ensure a more effective and humane approach to juvenile crime.