PENERAPAN RESTORATIVE JUSTICE PADA TINDAK PIDANA PENGANIAYAAN DI PENGADILAN NEGERI GRESIK

Abstract

mplementation of restorative justice at the Gresik District Court, where only 10–15% of assault cases are resolved through restorative approaches, revealing a gap between legal norms and empirical reality. The study aims to describe the mechanism for implementing restorative justice in assault cases and to identify the obstacles and optimization efforts involved, using a socio-legal (yuridis sosiologis) method that combines normative and empirical approaches, referring to Supreme Court Regulation (PERMA) No. 1 of 2024, PERMA No. 2 of 2012, PERMA No. 3 of 2017, Attorney General Regulation No. 15 of 2020, Law No. 1 of 2023 on the Criminal Code, as well as relevant court decisions and literature.The findings indicate that the implementation of restorative justice is carried out through the assessment of formal and material requirements, with judges acting as facilitators of reconciliation who prioritize victim recovery, compensation, and social reconciliation. The obstacles identified include juridical factors, victims' refusal due to trauma, offenders' financial incapacity, procedural differences between institutions, and the persistence of a retributive paradigm within society. Optimization efforts that have been undertaken include integrating restorative justice identification into the Case Tracking Information System (SIPP), conducting outreach and socialization, strengthening interinstitutional synergy, and planning the establishment of a Restorative Justice House. The success of restorative justice heavily depends on the voluntary willingness of the parties involved and requires uniform regulatory support along with strong coordination among law enforcement institutions.