A Shift in Legal Paradigm: From Punishment to Restoration
For years, criminal law enforcement in Indonesia has been historically dominated by a formalistic-retributive approach
In response to these realities, national legal reform has increasingly adopted the concept of restorative justice as an alternative dispute resolution outside formal litigation
Field Methods for Evaluating the Law
To map out the real-world effectiveness of this policy, Jimmy Primsa Sinuhaji and his team at Universitas Quality Berastagi utilized an empirical-juridical research design combined with a legal sociology approach
Minor Assault Dominates Successful Peaceful Settlements
The field study uncovered significant data regarding the trends of assault case resolutions at Polres Tanah Karo using the restorative justice scheme
Assault Case Management Data via Restorative Justice at Polres Tanah Karo (2026):
Minor Assault (Article 352 of the Criminal Code/KUHP)
- Total Reports Received: 32 Cases
- Resolved via Litigation (Court Trial): 4 Cases
- Resolved via Restorative Justice: 28 Cases
- Success Resolution Ratio: 87.5%
- Total Reports Received: 45 Cases
- Resolved via Litigation (Court Trial): 21 Cases
- Resolved via Restorative Justice: 24 Cases
- Success Resolution Ratio: 53.3%
- Total Reports Received: 18 Cases
- Resolved via Litigation (Court Trial): 13 Cases
- Resolved via Restorative Justice: 5 Cases
- Success Resolution Ratio: 27.7%
According to the data above, the highest success rate for non-litigious settlement lies within the minor assault cluster, reaching 87.5 percent
"The success of Polres Tanah Karo in operationalizing restorative justice cannot be separated from compliance with Police Regulation Number 8 of 2021, which is deeply intertwined with local customary social restoration. The penal mediation process successfully brings victims and offenders together alongside Karo customary elders, leveraging social-cultural kinship values such as communal deliberation," stated Jimmy Primsa Sinuhaji, the lead researcher from Universitas Quality Berastagi
.
Four Main Obstacles Faced in the Field
Even though the available regulatory framework is highly comprehensive, the practical execution of restorative justice in the field frequently runs into complex psychological and sociological barriers within the community
- Egocentric Factors and High Emotional Tension: Physical altercations in assault cases generally leave behind deep psychological grudges
. Flaming emotions during initial examinations cause the parties to refuse to face one another, let alone forgive each other during the early mediation stages . - Victims' Physical and Psychological Trauma: In ordinary assault cases resulting in significant physical injury, victims often experience profound trauma and fear of potential follow-up intimidation from the offender
. This situation makes victims firmly insist that the offender be punished with prison time for their own sense of safety . - Irrational Financial Compensation Demands: In several mediation forums, peace agreements that are nearly finalized frequently collapse because the victim's side demands excessive, irrational financial compensation for medical treatment or customary fines
. This turns the legal forum into a commercial, transactional arena . - Lack of Legal Education on Restorative Justice Concepts: The majority of rural communities in the Tanah Karo jurisdiction still hold the conventional assumption that every police report must inevitably end behind bars
. The understanding that a formal peace agreement is legally protected and can lawfully halt a criminal investigation is still poorly understood by the wider public .
Policy Implications and Future Recommendations
This study carries vital implications for public policy and criminal justice administration in Indonesia
To optimize its effectiveness moving forward, the research team suggests several strategic steps
RESEARCH TEAM PROFILES
- Jimmy Primsa Sinuhaji, S.H., M.H. – Lecturer and Researcher at Universitas Quality Berastagi
. Expert in Criminal Law and Empirical Criminal Justice Systems . (Corresponding Email: jimmiprimsa@gmail.com) . - Maslon Hutabalian – Academic at Universitas Quality Berastagi, focusing on Legal Sociology and Alternative Dispute Resolution (ADR)
. - Rayani Saragih – Academic at Universitas Quality Berastagi, specializing in Normative Positive Law and Contemporary Customary Law
.
PRIMARY RESEARCH SOURCE
- Journal Article Title: The Implementation of Restorative Justice in the Resolution of Criminal Assault Cases: A Case Study at the Tanah Karo Police Department
- Journal Name: Indonesian Journal of Advanced Research (IJAR)
- Volume & Number: Vol. 5, No. 7, Year 2026 (Pages 1113-1118)
- Official DOI:
https://doi.org/10.55927/ijar.v5i7.16827 - Publication URL:
https://journal.formosapublisher.org/index.php/ijar
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