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Indonesia Council Open Conference 2025
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The Role of Restorative Justice in Criminal Law: A Case Study of the Problems on the Police Accountability in the Application of Restorative Justice in Drug Use Offences in Indonesia

Individual Paper
One Conference streams

Politics & Law

Submission Description

Restorative justice, introduced into the criminal justice system in the 1970s, was developed in the Global North, with little attention given to its application in the Global South. In Indonesia, restorative justice in 2020, was incorporated into the national development plan to address prison overcrowding. However, a key misconception in Indonesia reduces restorative justice to an out-of-court settlement. The National Police issued Regulation Number 8/2021, extending restorative justice to drug offences, allowing case terminations and rehabilitation orders within six days of arrest under Narcotics Law.
 
My master's thesis research, using socio-legal analysis, found that in practice, the application of restorative justice in Indonesia perpetuates police violence, extortion, and the transactional nature of drug rehabilitation during investigations, without judicial oversight. This is driven by the legacy of colonialism, authoritarianism, and punitive drug policies. The case highlights the risks of restorative justice being co-opted by state power, leading to its abusive institutionalisation.
 

Presenters

Presenters

Individual Paper Presenters

Ms. Maidina Rahmawati - ICJR