The Indonesian criminal justice system illustrates the dynamics between two paradigms of justice, namely retributive justice and restorative justice. Retributive justice is oriented toward punishing perpetrators to provide a deterrent effect, while restorative justice focuses on restoring relationships among perpetrators, victims, and society. This study employs a normative juridical method with legislative, conceptual, and case-based approaches to analyze the implementation and challenges of the dualism of these two paradigms. The results show that the Indonesian criminal justice system remains dominated by the retributive paradigm, as reflected in the Criminal Code and sentencing practices. However, regulatory developments, such as Law No. 11 of 2012 on the Criminal Justice System for Children, Police Regulation No. 8 of 2021, and the new Criminal Code of 2023, indicate the strengthening of the restorative paradigm. The main challenges lie in regulatory consistency, resistance from law enforcement officials, and public acceptance. In conclusion, although the retributive paradigm remains strong, the Indonesian criminal justice system has begun moving toward balance by providing space for a restorative approach. This study contributes to the theoretical discourse on criminal law reform and the practical integration of restorative values in Indonesia.
Agustin et al. (Wed,) studied this question.