Penerapan Restorative Justice dalam Putusan Nomor 63/Pid.B/2021/PN. SKM dan Implikasi Perdamaian Adat dalam Pertimbangan Hakim

Abstract

Implementation of Restorative Justice in Criminal Case Ruling Number 63/Pid.B/2021/PPN.Skm, particularly concerning the case of minor assault as regulated under Article 351 paragraph (1) of the Indonesian Criminal Code (KUHP), and highlighting the significant role of customary dispute resolution in the judge's considerations. This research is rooted in the complexity of the legal system in Indonesia, which continually strives to harmonize the principles of formal legal certainty with the demands of substantive justice that respect local wisdom values, especially within the context of criminal dispute resolution. The analytical framework of this research is built upon the foundations of criminal law theory, a deep understanding of restorative justice as an alternative conflict resolution paradigm, an exploration of customary justice theory which acknowledges the existence of unwritten law, and the perspective of legal pluralism which recognizes the coexistence of diverse legal systems. The methodology applied is normative legal research, involving a statutory approach to review relevant regulations, and a conceptual approach to analyze legal doctrines and the views of legal experts. The data collection process was conducted through library research, identifying and examining primary legal materials (such as court rulings, legislation, etc.) and secondary legal materials (in the form of scholarly journals, books, and legal doctrines). In conclusion, although the judge's ruling demonstrates a humanistic endeavor to achieve substantive justice and accommodate local wisdom, its implementation is not yet fully aligned with the prevailing positive legal framework. Clearer regulatory harmonization is needed to provide a legal umbrella for restorative justice practices in minor criminal offenses, including the formal recognition of customary resolutions. This is essential to guarantee comprehensive legal certainty and justice.