TINJAUAN TENTANG RESTORATIVE JUSTICE SEBAGAI UPAYA PEMBANGUNAN DALAM SISTEM PEMIDANAAN INDONESIA DI ERA REFORMASI

Abstract

Many among the Indonesian people, many things happen even in court, but in reality or at the level of law in action this is actually not easy to achieve because it is a win-lose solution, with a reality like this, a case through a judicial route that is only win lose solutions in general often cause a sense of "uncomfortable or disappointed", holding grudges, feeling dissatisfied, feeling unfair and even worse, wanting to take revenge. The problem that will be raised is how the con-cept and basic principles of the use of Restorative Justice in Indonesia, how the arrangement of Restorative Justice in Indonesian law in the reform era. This research was conducted using normative research methods and will be analyzed qualitatively. This study concludes that: the implementation of the criminal sys-tem or law enforcement in Indonesia so far has used a retributive approach (retaliation), so a shift is needed to a restorative approach (recovery). Then with regard to Restorative Justice in Indonesia, it has been very good, there have been many regulations that were born in the reform era related to Restorative Justice, it can be ascertained that the law enforcement system in Indonesia has developed a lot, not only on laziness which attracts criminal sanctions and ac-tion sanctions.