The Principle of Restorative Justice in The Judge's Consideration of Criminal Decisions

Abstract

Restorative justice is currently being utilised as an alternative method for resolving criminal cases. As this approach continues to evolve, there have been numerous instances where judges have considered implementing Restorative Justice efforts during trials as a factor in determining the severity of punishment. This study aims to identify the legal foundation for implementing Restorative Justice at the Court Level and examine the considerations made by judges when applying Restorative Justice in sentencing criminal cases. This research employs a prescriptive normative legal research methodology, incorporating both a statutory approach (statute approach) and a contextual approach (conceptual approach). Primary and secondary legal materials and relevant non-legal materials are utilised in this study. The findings of this research demonstrate that the Supreme Court has long embraced the concept of restorative justice through implementing policies. Furthermore, it has become a significant factor for judges to consider when making decisions.