convenors: The Consortium of Restorative Justice (Institute for Criminal Justice Reform/ICJR, Indonesia Judicial Research Society/ IJRS, Indonesian Institute for Independent Judiciary/LeIP) and Stichting Restorative Justice Nederland
coordinator: Dio Ashar (IJRS)
moderator: Andreas Nathaniel Marbun, S.H., LL.M. (Researcher of IJRS)
• Dewo Broto Joko Putranto, S.H., LLM. (Director of Law and Regulation, Ministry of National Development Planning/Bappenas) – “Restorative justice framework and roadmap in Indonesia.” Download here
• Dr. Sunarta, S.H., M.M. (Vice Attorney General of Indonesia) – Restorative justice approach in criminal justice. Download here
• Dr. Andi Samsan Nganro, S.H., M.H. (Vice Chief Justice of the Supreme Court of Indonesia) – “Reconstruction of restorative justice approach in the settlement of criminal cases.” Download here
• Dr. Annemieke Wolthuis (Stichting Restorative Justice Nederland and Vice Chair of the European Forum for Restorative Justice) – “Restorative justice in the dutch criminal justice system Restorative justice
practice in Netherlands and the role of prosecutors”. Download here
• Dr. Sugeng Purnomo, S.H., M.H. (Deputy of Law Enforcement Coordination, Ministry for Political Legal and Security Affairs) – “Harmonisation of restorative justice policies in the Indonesian criminal justice reform.” Download here
• Maidina Rahmawati, S.H. (Program Manager of Institute for Criminal Justice Reform/ICJR) – “Indonesian criminal justice reform through restorative justice approach.” Download here
rapporteur: Iftitah Sari
• Understanding the framework and scope of the restorative justice approach in Indonesia.
• Sharing experience and lessons learned from the restorative justice approach in the Netherlands and European countries.
The Indonesian government is in the process of transforming its criminal justice perspective by accommodating a restorative justice approach. According to the National Mid-Term Plan (RPJMN 2020-
2024), the implementation of restorative justice’s approaches in the Indonesian criminal justice system is a national priority. This signals that the public’s/law enforcement perspective has shifted away from the conventional punitive approach focusing solely on sanctions imposed on the perpetrator, to a restorative approach – providing redress for negative impacts of criminal acts on victims, perpetrators, as well as communities.
Indonesian legal institutions already have implemented restorative justice policies of the RPJMN 2020-2024 through their respective internal regulations, for example, the Attorney General Office Regulation Number 15/2020 regarding the Non-Prosecution Disposal based on Restorative Justice Principles (PERJA 15/2020), and Police Regulation No. 18/2021 regarding Criminal Justice Handling Based on Restorative Justice Principles. However, those regulations only accommodate a small part of potential restorative justice principles and approaches.
The implementation of restorative justice is expected to be further regulated by the Bill of the Indonesian Criminal Code (RKUHP), the revision of the current criminal code, which was based on the Dutch Criminal Justice System. It is important that the Bill will more clearly define the concept of restorative justice and its scope in Indonesia, particularly in the criminal justice system. Restorative justice should be regarded to accommodate justice for all, aimed at restoring relations within the community that have been disturbed by the harmful effects of the criminal act.
In this panel – through the exchange of thoughts and experiences – the current changes in the Indonesian Criminal Justice System around restorative justice will be compared with how the Dutch Criminal Justice System has transformed over the years and lessons learned will be identified.