Konstruksi Penerapan Restorative Justice Dalam Penyelesaian Tindak Pidana Kesehatan di Indonesia

Sofwansyah, Ahmad Zulkifli (2026) Konstruksi Penerapan Restorative Justice Dalam Penyelesaian Tindak Pidana Kesehatan di Indonesia. Undergraduate thesis, UPN Veteran Jawa Timur.

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Abstract

Restorative justice is an approach to criminal case resolution that emphasizes victim recovery, offender accountability, and the restoration of social relationships. In the health sector, Article 310 of Law Number 17 of 2023 concerning Health provides an opportunity for dispute resolution through non-litigation mechanisms. However, the provision does not clearly define the categories of health-related crimes that may be resolved through restorative justice, thereby creating potential legal uncertainty. This research aims to examine the categorization of health-related crimes that may be resolved through restorative justice and to analyze its legal position within the Indonesian health law system. This study employs a normative juridical method using statutory, conceptual, and comparative approaches. The analysis is conducted through the examination of legislation concerning restorative justice and health law in Indonesia. The results indicate that restorative justice is more appropriately applied to minor health-related crimes committed through negligence and whose consequences can still be remedied. In contrast, crimes involving intent, gross negligence, or resulting in death are generally unsuitable for resolution through restorative justice. Therefore, clearer legal regulations are required to ensure legal certainty in the resolution of health-related crimes in Indonesia. Keywords: Restorative Justice, Health Crimes, Health Law, Legal Certainty.

Item Type:

Thesis (Undergraduate)

Contributors: