Comparative Analysis of the Criminal Justice System in Japan and Indonesia in the Perspective of the Principle of Restorative Justice

Abstract

This article presents a comparative analysis of the application of restorative justice principles within the criminal justice systems of Japan and Indonesia. Employing a normative juridical method with a comparative, statutory, and conceptual approach, the study explores how each country integrates restorative practices into their legal frameworks. Japan applies restorative justice informally through culturally rooted mechanisms such as chōtei (community mediation), shazai (apology), and baishō (compensation), emphasizing social harmony without explicit codification. In contrast, Indonesia adopts a formal legal approach through various regulations, including Law No. 11 of 2012 and the Attorney General of the Republic of Indonesia Regulation No. 15 of 2020. However, the Indonesian implementation remains limited to juvenile and minor offenses. Despite the existence of sectoral rules, the country lacks a comprehensive legal framework for general and adult crimes, leading to a normative vacuum and inconsistent enforcement across regions. To address this, the study proposes the development of a dedicated restorative justice law applicable across all categories of crime. This paper contributes to the discourse on building a more humanistic and justice-oriented criminal law system by advocating a contextually relevant restorative approach.