From Punishment to Restoration: Theological Foundations of Restorative Justice in the Indonesian Legal System

Abstract

Contemporary criminal justice systems often emphasize punishment, deterrence, and institutional authority, while victims may remain insufficiently involved in processes of repair and reconciliation. Religious traditions contain substantial resources for understanding justice not only as punishment but also as restoration, forgiveness, reconciliation, and the repair of damaged relationships. This article examines the theological foundations of restorative justice and their potential contribution to Indonesia's legal system. Using comparative theological and normative legal analysis, the study explores Islamic and Christian concepts concerning repentance, forgiveness, reconciliation, restitution, responsibility, and restoration. The research argues that restorative justice should not be reduced to religious forgiveness or informal settlement. Instead, theological perspectives can provide a deeper normative foundation for understanding justice as a process that recognizes harm, establishes responsibility, repairs relationships, and restores human dignity. The article proposes a theological justice model based on accountability, victim participation, proportionality, restoration, and voluntary reconciliation. The model also recognizes that forgiveness cannot be imposed upon victims and that serious violations may still require formal legal sanctions. The study concludes that constructive engagement between theology and law can enrich restorative justice discourse by connecting legal accountability with moral repair and human dignity while preserving the authority and procedural safeguards of the formal justice system.