Restorative Justice-Based Criminal Law Policy Reformulation: A Comparative Study of Implementation in ASEAN Countries

Abstract

This study analyzes criminal law policy reformulation, focusing on restorative justice in ASEAN countries. Restorative justice emerges as an alternative paradigm to traditional criminal justice systems that emphasize retribution and punishment, by shifting the focus to repairing social damage, restoring victims, and reintegrating offenders. By conducting a comparative study of policies and practices in ASEAN countries, this research uncovered implementation models, implementation challenges, and socio-cultural factors that influence the effectiveness of restorative justice. The findings indicate that despite differences in the level of adoption and implementation, restorative justice has become an important element in criminal justice system reform in the ASEAN region. Local cultural values such as deliberation and social balance serve as a foundation that strengthens the implementation of restorative justice, but challenges remain related to comprehensive legislation, institutional capacity, and a shift in the mindset of law enforcers. This study suggests reformulation of criminal law policy through integrating restorative justice into formal legal structures, strengthening institutional capacity, and contextual adjustment to local cultural values.