The Effectiveness of the Restorative Justice Approach in the Juvenile Criminal Justice System in West Java

Abstract

This study examines the implementation and procedural effectiveness of restorative justice through diversion in selected juvenile criminal justice settings in West Java. It employs a qualitative research design combining normative juridical and socio-legal approaches through document analysis and stakeholder interviews. The legal assessment distinguishes eligibility for diversion, consent requirements, and procedural responsibilities, while the empirical discussion examines recorded case outcomes and reported implementation conditions. The case summary comprises 106 cases, including 68 recorded as resolved through diversion and 38 proceeding to trial. These figures describe the distribution of procedural outcomes rather than an adjusted success rate among eligible diversion attempts. Institutional commitment, community participation, and facilitation capacity emerge as relevant qualitative themes, but their causal effects are not established. The analysis highlights Article 9(2) of Law Number 11 of 2012, which provides exceptions to the victim-consent requirement for specified categories of cases. Victim reluctance therefore cannot be treated as a universal legal barrier to diversion. Government Regulation Number 65 of 2015 and Supreme Court Regulation Number 4 of 2014 provide additional procedural context. The findings support a distinction between case settlement and substantive restorative outcomes. The available evidence does not independently establish victim recovery, successful rehabilitation, reduced stigmatization, or lower reoffending. The study contributes a contextual assessment connecting legal requirements with reported practices and identifies the need for clearer case classification, documented agreement implementation, and follow-up evidence.