Borobudur Law and Society Journal

Minor criminal cases make up a large part of the caseload of the Indonesian police, prosecution service and courts, yet formal prosecution of them is slow, costly and often leaves victims unheard. This article examines how restorative justice is regulated in Indonesia, what is known about its effect on recidivism, and whether minor offences are suitable for it. It is a normative legal study that uses statutory, case and conceptual approaches, analysing legislation and institutional regulations in force in 2026, one landmark decision and international empirical research. The study finds that restorative justice rests on a layered but fragmented framework of police, prosecutorial and judicial instruments, now anchored by the new Criminal Code and the new Code of Criminal Procedure. International meta-analyses and systematic reviews show lower reoffending and higher victim satisfaction for participants, although the effects are modest and affected by selection bias; no Indonesian dataset yet allows the same conclusion. Minor offences between people who know each other are well suited to restorative handling when participation is voluntary, the offence is not repeated and safeguards against coercion apply. The article proposes unified statutory criteria, systematic recording of outcomes and recidivism, and training of officials.