Between Living Law and Normative Vapor: Reconstruction of Restorative Justice from the Perspective of Legal Sociology in Indonesia

Abstract

This research is motivated by the phenomenon of the proliferation of restorative justice practices in the criminal justice system in Indonesia, which is developing rapidly but is not yet supported by a comprehensive regulation in the form of legislation. This condition creates a gap between legal practice (law in action) and written legal norms (law on the books), thus raising issues related to legal certainty, legitimacy, and consistency of its application. This study aims to analyze the development of restorative justice from a legal sociology perspective and the implications of the lack of integrated normative regulations. The research method used is normative legal research with a conceptual approach and a legal sociology approach. Data were obtained through a literature review of primary and secondary legal materials, including sectoral regulations such as Police Regulations, Prosecutor's Regulations, and Supreme Court Regulations, which were then analyzed qualitatively. The results of the study indicate that restorative justice has strong roots in customary law as living law, but its implementation in the formal legal system is still sectoral and fragmented. Therefore, the formation of comprehensive legislation is needed to ensure legal certainty, strengthen legitimacy, and create consistency in its application in Indonesia.