Perbandingan Pengaturan Restorative Justice dalam Sistem Peradilan Pidana Indonesia dan Selandia Baru

Abstract

The development of the modern criminal justice system demonstrates a 
paradigm shift from a retributive approach toward a restorative approach 
that emphasizes victim recovery, offender accountability, and the 
restoration of social relationships affected by criminal acts. This study aims 
to analyze the regulation of restorative justice within the criminal justice 
systems of Indonesia and New Zealand and to examine the relevance of the 
Family Group Conference model in strengthening restorative justice 
policies in Indonesia. The study employs a descriptive-analytical normative 
legal method using statutory, conceptual, and comparative legal 
approaches. Research data were obtained through a literature review of 
primary legal materials consisting of legislation and legal policies 
governing restorative justice in Indonesia and New Zealand, as well as 
secondary legal materials in the form of books, national and international 
scientific journals, and relevant academic publications. The findings 
indicate that Indonesia has adopted restorative justice through various 
sectoral regulations, including Prosecutor Regulation Number 15 of 2020 
and Police Regulation Number 8 of 2021; however, these regulations 
remain fragmented and have not been comprehensively integrated into the 
criminal justice system. In contrast, New Zealand has positioned 
restorative justice as an integral component of its criminal justice system 
through the Family Group Conference mechanism, which actively involves 
victims, offenders, families, and communities in the case resolution 
process. The novelty of this study lies in its comparative analysis of the legal 
frameworks governing restorative justice in both countries and its 
assessment of the Family Group Conference model as a reference for 
developing a more integrated restorative justice system in Indonesia. This 
study highlights the importance of regulatory harmonization, 
strengthening victim and community participation, and expanding 
comparative legal studies on restorative justice as references for future 
research and criminal justice reform oriented toward substantive justice.