Disharmoni Hukum Yang Mengatur Restorative Justice Dan Implementasiannya Dalam Praktik Hukum Indonesia

Lestari, Sri and -, Dr. Muchamad Iksan, S.H., M.H. (2025) Disharmoni Hukum Yang Mengatur Restorative Justice Dan Implementasiannya Dalam Praktik Hukum Indonesia. Skripsi thesis, Universitas Muhammadiyah Surakarta.

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Abstract

Restorative justice (RJ) was introduced as a more humane and participatory approach, and became part of the national priority programme, one of which was to address prison and detention centre overcapacity. Although RJ has been regulated in a number of regulations such as Law No. 11 of 2012, Regulation No. 15 of 2020, Regulation No. 8 of 2021, and Regulation No. 1 of 2024, there are still differences in the requirements and procedures for implementation. Interestingly, these differences do not pose significant obstacles in practice, indicating a logical inconsistency between norms and implementation. Based on this background, the author formulates issues related to the disharmony of RJ regulations in the Indonesian legal system, their implementation, and a review of RJ from an Islamic law perspective. This study aims to identify and analyse the regulations to find inconsistencies or disharmony, examine the application of restorative justice in Indonesia, reveal the causes of disharmony, and formulate recommendations for improvement, as well as exploring and understanding the application of the concept of Restorative justice in the context of Islamic law. This study uses a normative-empirical approach with a descriptive research type, through the collection of primary and secondary data and qualitative descriptive data analysis. Thus, the results of the study show that there are still differences between regulations regarding the requirements for criminal acts that can be resolved through restorative justice. Each institution implements regulations without feeling the impact of normative disharmony. From an Islamic perspective, the application of restorative justice is permissible as long as it does not contradict Islamic law. Based on the research findings, it can be concluded that the absence of national regulations unifying RJ standards across institutions is the main obstacle to its implementation. Without legal harmonisation and uniform understanding across institutions, the application of RJ in Indonesia will remain limited and ineffective.

Item Type:	Thesis (Skripsi)
Uncontrolled Keywords:	Disharmony, Restorative justice, Regulation.
Subjects:	K Law
Divisions:	Fakultas Hukum > S1 Ilmu Hukum
Depositing User:	SRI LESTARI
Date Deposited:	16 Aug 2025 02:45
Last Modified:	16 Aug 2025 02:45
URI:	http://eprints.ums.ac.id/id/eprint/137984

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