Effectivity of Restorative Justice Meets the Just Nature of Indonesia Society

Abstract

Restorative justice is a form of cases settlement beyond the court which engaged perpetrator, victim and society as condition restore after the crime. This form started to be developed in Indonesia, especially in regions which implement “adat” law consistently and have close kinship system. Restorative justice is urgently needed today, in order to reduce the number of cases and prison over capacity. The significant number of criminal cases which had been judged in the court is the main factor of prison over capacity. The prison full of criminal which had variety of crimes. The negative impact is, prison is not a shoch-therapy for the criminals, instead of after they fulfill their sentence period and become alumni of prison, they tend to re-do their crimes even worse than the previous one. This condition was the causing factor of restorative justice in the criminal law system for example, children criminals, traffic violations which had narrow impacts and can be solved by “adat” institution, with the exception for major cases or extraordinary crimes for instance drugs, planned murder, terrorism and genocide