TRANSFORMASI PENYELESAIAN TINDAK PIDANA RINGAN DARI PENDEKATAN KEADILAN RESTORATIF BERBASIS NILAI HUKUM ADAT

Abstract

Introduction: The resolution of petty crimes in Indonesia’s criminal justice system remains dominated by a retributive paradigm that treats punishment—particularly short-term imprisonment—as the primary response to criminal acts, and thus does not yet reflect the ultimum remedium principle while neglecting the recovery of victims, offenders, and social relations.

Purpose of the Research: This study analyses the transformation of petty-crime resolution from a retributive approach towards restorative justice grounded in customary-law values, particularly Pela Gandong, as a local restorative-justice model.

Methods of the Research: This is normative legal research employing statutory, conceptual, and philosophical approaches; legal materials were gathered through document study and analysed qualitatively.

Results / Findings: Customary-law values such as kinship, solidarity, collective responsibility, and deliberation are substantially compatible with restorative-justice principles. Integrating Pela Gandong values yields case resolutions that not only satisfy legal certainty but also gain social and cultural legitimacy, making them relevant to a more humane, contextual, and substantively just reform of national criminal law.