Urgensi Reformulasi Penegakan Hukum terhadap Tindak Pidana Ringan dalam Perspektif Keadilan Restoratif di Indonesia

Abstract

The enforcement of law concerning minor criminal offenses in Indonesia remains predominantly oriented toward formal procedural mechanisms that prioritize punitive sanctions as the primary means of case resolution. This approach generates several systemic challenges, including lengthy judicial processes, relatively high administrative costs, disproportionate sentencing in relation to the severity of the offense, and the increasing burden on courts and correctional institutions. Such conditions reflect inefficiencies within the criminal justice system and indicate the limited integration of victim-oriented recovery mechanisms. Contemporary criminal law theory, however, has shifted toward a restorative justice paradigm emphasizing restitution, dialogue between offenders and victims, and active community participation in conflict resolution. This study aims to examine the urgency of reformulating law enforcement policies on minor offenses from a restorative justice perspective in order to establish a more effective, proportional, and equitable criminal justice system. The research employs a normative juridical approach through literature review, statutory analysis, and examination of prior scholarly works. The findings reveal that although existing regulations provide space for restorative justice, its implementation remains fragmented and lacks national policy integration. Therefore, regulatory harmonization, the development of integrated operational guidelines, and institutional capacity building for law enforcement officials are essential to reposition restorative justice as the primary paradigm in handling minor criminal cases. Such reformulation is expected to enhance systemic efficiency, strengthen public trust in the legal system, and promote substantive justice centered on restoration.