Restorative Justice as a Human Rights Protection Mechanism for Marginalized Groups in the Indonesian Legal System

Abstract

Based on the mandate of the law, everyone has the same position in law or what we call it equality before the law. However, in reality this does not apply to the marginalized. Several legal cases of marginalized people do not receive protection of human rights (HAM) in completing the legal process. For this reason, the state has begun to change the pattern of legal settlement by using the concept of restorative justice with the hope that the marginalized will get justice. This paper employs a normative juridical approach and utilizes secondary data to analyze the potential of restorative justice to uphold human rights protections for marginalized groups throughout the legal process. To date, marginalized groups have not achieved optimal outcomes in legal cases, often receiving disproportionately harsh sentences and imprisonment for minor offenses. Such cases may be better addressed through restorative justice methods, which better align with the human rights of marginalized individuals. Accordingly, this article examines restorative justice as a potential solution for marginalized groups in resolving legal issues. Restorative justice prioritizes fairness for victims, offenders, and the broader community, irrespective of social status. Through this approach, marginalized groups are anticipated to be better able to safeguard their human rights during legal proceedings.