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