Implementation of Restorative Justice, The Intent of Punishment, and Legal Clarity In Indonesia

This study looks at  the fairness of  restorative  justice,   the goal of punishment,  and the need of legal certainty. According to the study's findings, restorative  justice  is still  only being applied theoretically.  In this instance, it  emphasizes that  the formalistic,   long-established ideas of justice that have arisen in society and are  applied  in Indonesian customary law assemblies serve as the foundation for the genuine aim of sentencing. In contrast,  the notions of  individual  deterrence  and general deterrence call for  actions to be absolute in order to produce a deterrent  impact. Afterward, the idea of reform or rehabilitation was further developed. The use of restorative justice emphasizes the recovery of victims' material losses as a result of the perpetrators' unlawful acts, both physically and psychologically. This is done through a consensus-building process involving the perpetrator, the victim, the perpetrator's family, and the victim's family, as well as, if necessary, the community and the appropriate authorities. With relation   to legal norms and values, this research methodology is normative juridical along with theories, legal   doctrine, jurisprudence, applicable rules and regulations, as well as pubiications pertinent to the research topic. According to the study's findings, restorative  justice is a noble form of justice when instances of illegal behavior have happened. Therefore, repair or restoration is crucial if the victim is to be rehabilitated or healed from the suffering he has endured on a material, physical, or psychic level. To be clear, restorative justice does not apply to all crimes; rather,  it only does so in circumstances involving crimes against children, minor  offenses, women in conflict  with the  law, and drug-related  offenses. In  order  to  provide clarity,  there should be a firmness if the offender  does not want to make restitution  even though it is deemed capable of  doing  so  in  terms  of  material   capabilities. There also needs to  be  concrete sanctions so that restorative  justice  is not only limited  to other options; the legal framework  for  it should be expanded to the Constitution