The Application of Restorative Justice with an Integrated System in Handling Minor Crimes: A Legal Certainty Perspective

Abstract

The application of restorative justice focuses on restoring the relationship between
victims and offenders and repairing the harm caused, aligning with the function of
criminal law as the ultimum remedium for minor offences. This study aims to analyse the
synchronisation of Restorative Justice implementation within the Integrated Criminal
Justice System and its implications for legal certainty. Using a normative legal research
method with legislative and conceptual approaches, this study examines formal
regulations across police, prosecution, and court institutions, as well as criminal law
doctrines. The implementation of restorative justice in minor offence cases reflects a
paradigm shift from retributive to reparative justice, emphasising social restoration.
Although current regulations have established procedural certainty for case termination
discretion, dilemmas persist within the trichotomy of justice, certainty, and utility. The
consensus-based nature of restorative justice may undermine legal certainty if law
enforcement discretion lacks uniformity. Therefore, to maintain system integrity,
regulatory unification at the statutory level and reinforcement of substantive legal
certainty are necessary where certainty is assessed through the realisation of justice
responsive to social values and victim recovery. Strengthening restorative justice as an
accountable diversion mechanism is essential to achieving balanced legal objectives that
prioritise justice and utility without compromising the integrity of the legal system.