Studi Komparatif Penerapan Restorative Justice Di Negara IndonesiaDan Amerika Serikat

Abstract

The concept of restorative justice is increasingly developing and being adopted by several countries in the world
with different names, the United States calls it victim offender mediation, while in Indonesia it is known as the
concept of restorative justice. This study aims to find out the differences between the legal systems of Indonesia
and the United States, as well as find out the similarities and differences of restorative justice in Indonesia and the
United States. The research method used is normative juridical with a comparative approach. The results of the
study show that the differences in the legal systems in Indonesia and the United States are influenced by the form
of the state, Indonesia with the form of a republican unitary state that adheres to a civil law legal system, in which
written legal regulations are used as laws and legal basis that must be obeyed by all citizens within the territory of
the unitary Indonesia. Whereas the United States as a federal country that adheres to the common law legal
system, has several laws that serve as its basis, federal law as the highest state law that applies to all states, and
state law that only applies to each state. In the application of restorative justice, Indonesia and the United States
have similarities, namely, its application is limited to minor crimes and applies to both juvenile and adult justice,
the application of restorative justice aims as an effort to reduce inmates to prevent overcapacity in detention
centers. The difference in the application of restorative justice in Indonesia is that laws regarding restorative
justice apply to all communities and regions within the scope of the unitary state, whereas in the United States
each state has different laws regarding the application of restorative justice, there are at least forty-five out of
fifty states that have incorporated restorative justice into state laws.