Journal of Human Rights, Culture and Legal System ISSN 2807-2812 Vol. 3, No. 1, March 2023, pp. 1-16 1 https://doi.org/10.53955/jhcls.v3i1.75 journalhumanrightslegalsystem@gmail.com Mapping Restorative Justice in Information and Electronic Transaction Criminal Regulation Devi Triasari a* Willy Naresta Hanum b Viddy Firmandiazc aFaculty of Law, University Adelaide, Australia. bFaculty of Law, University Sebelas Maret, Indonesia. cPublic Policy University of Bristol, United Kingdom. *corresponding author: devi.triasari@adelaide.edu.au 1. Introduction Misuse of social networks, including violations of ethical standards, values, and moral norms, as well as violations of Information and Electronic Transactions, including the dissemination of fake news or fake news, has now become an integral component of the communication process in this digital era. These infractions are frequently the result of the rapid development of technology, which enables people to communicate in a shorter amount of time.1 Furthermore, many technology users are careless when gathering information, thus they fall victim to fake news distributed by fake news spreaders. Recent examples that are 1 Tiina Malin and Maiju Tanskanen, ‘Regional Variation in Sentences for Child Sexual Abuse: An Empirical Study with Finnish Court Data’, International Journal of Law, Crime and Justice, 71.November (2022), 100565 https://doi.org/10.1016/j.ijlcj.2022.100565 A R T I C L E I N F O A B S T R A C T Article history Received: December 25, 2022 Revised: February 12, 2023 Accepted: February 13, 2023 The government has issued various policies to overcome overcapacity in prisons, but the important question that needs to be asked is whether these policies have restored the rights of victims of criminal acts of Information and Electronic Transactions. The method used in this study is a normative legal research method that examines secondary data. Data collection is carried out in the form of laws and regulations, reference books, and previous studies. The results of the research show that there is a need for the urgency of the application of restorative justice in criminal acts of Information and Electronic Transactions in Indonesia and what are the obstacles to the application of restorative justice in handling cases of criminal acts of Information and Electronic Transactions. This is an open-access article under the CC–BY 4.0 license. Keywords Criminal; Justice; Restorative; https://www.jhcls.org/index.php/JHCLS mailto:journalhumanrightslegalsystem@gmail.com mailto:devi.triasari@adelaide.edu.au https://doi.org/10.1016/j.ijlcj.2022.100565 https://creativecommons.org/licenses/by/4.0/ 2 Journal of Human Rights, Culture and Legal System ISSN 2807-2812 Vol. 3, No. 1, March 2023, pp. 1-16 Devi Triasari, et.al, (Mapping Restorative Justice …) prevalent on a global scale include news on social media that encourages hostility, particularly in religious life.2 The Law enforcement in Indonesia still faces a number of difficulties that must be resolved, most notably criminal charges involving Information and Electronic Transactions offences. Administrative nature, per Law No. 19 of 2016, which revised Law No. 11 of 2008 respecting Information and Electronic Transactions (UU ITE). However, people who conduct criminal crimes are typically punished with imprisonment. Correctional institutions, a part of the criminal justice system, are burdened by this circumstance.3 Data from the Directorate General of Corrections shows that as of 14 February 2021, 252,384 prisons consisted of detainees and convicts. Currently, state prisons and detention centers only have a capacity of 135,704. This suggests that almost all criminal justice systems have mechanisms to prevent all criminal cases from being brought to court because the number of cases is too small.4 There are many cases involving Law Number 19 of 2016 concerning Information and Electronic Transactions. That around January - November 2020 alone, there were 4,656 cases of cybercrime. Defamation is the most common case of Information and Electronic Transaction violations, totaling 1,743 cases. Furthermore, there were 1,295 cases of fraud; pornography in as many as 390 cases; illegal access in 292 cases; hate speech or SARA in 209 cases; fake/fake/hoax news in as many as 189 cases; data manipulation in 160 cases and threats in 131 cases.5 Currently, violations against Information and Electronic Transactions are increasing due to increasingly sophisticated technology and the increasing number of internet and social media users from year to year. Almost everyone in society has a personal mobile phone, which is always used in our daily life for communication, commerce, and business purposes. The more accessible access to the internet makes it easy for most of its users to express their opinions or even those that lead to hate speech with just a short text. This should make us more 2 Susan Easton, ‘Not Just Another Brick in the Wall? Protecting Prisoners’ Right to Education’, International Journal of Law, Crime and Justice, 69.February (2022), 100530 https://doi.org/10.1016/j.ijlcj.2022.100530 3 Branislav Hock and Elizabeth Dávid-Barrett, ‘The Compliance Game: Legal Endogeneity in Anti-Bribery Settlement Negotiations’, International Journal of Law, Crime and Justice, 71.September (2022), 1–13 https://doi.org/10.1016/j.ijlcj.2022.100560 4 Zhen Lin, ‘The Protection of Sunken WWII Warships Located in Indonesian or Malaysian Territorial Waters’, Marine Policy, 113.May 2019 (2020), 103804 https://doi.org/10.1016/j.marpol.2019.103804 5 Ian D. Marder, ‘Mapping Restorative Justice and Restorative Practices in Criminal Justice in the Republic of Ireland’, International Journal of Law, Crime and Justice, 70.March (2022), 100544 https://doi.org/10.1016/j.ijlcj.2022.100544 https://www.jhcls.org/index.php/JHCLS https://doi.org/10.1016/j.ijlcj.2022.100530 https://doi.org/10.1016/j.ijlcj.2022.100560 https://doi.org/10.1016/j.marpol.2019.103804 https://doi.org/10.1016/j.ijlcj.2022.100544 ISSN 2807-2812 Journal of Human Rights, Culture and Legal System 3 Vol. 3, No. 1, March 2023, pp. 1-16 Devi Triasari, et.al, (Mapping Restorative Justice …) vigilant so that cybercrime does not happen to us and our close family, friends, or co-workers.6 As an example of a case that can be seen from the PT DENPASAR Decision Number 72/PID.SUS/2020/PT.DPS on behalf of I Gede Aryastina Alias Jerinx, which was subject to Articles 27 and 28 of the ITE Law, namely the case of defamation of the Indonesian Doctors Association or IDI which was imposed a sentence of 14 months in prison and a fine of Rp. 10 million, a subsidiary of one month in prison. There is an irregularity where the contents of the article imposed on the suspect are articles with the theme of SARA. Meanwhile, after discovering what Jerinx meant in his statement, he was only annoyed and wanted to invite the IDI to discuss without inciting hatred. This article is also like a rubber article, and the handling of this case is unclear.7 Criminal law remains preoccupied with punishing criminals and disregards compensation for victims and victims' losses. This is observed, and Article 10 of the Criminal Code regulates the type of punishment. Article 10 of the Criminal Code has regulated a criminal system that adheres to a retributive paradigm that seeks to compensate criminals for the crimes they have committed.8 The retributive paradigm aims to create a deterrent effect to prevent criminals from committing additional offenses and to prevent (preventative effect) individuals from committing crimes. In practice, however, applying the retributive paradigm did not restore the victims' losses and suffering. The perpetrator was found guilty and sentenced, but it was impossible to restore the victim's health. The actual capacity of the prison or detention center is approximately 100,000 individuals.9 Therefore, it is necessary to pursue initiatives outside of the current criminal procedural law so that society does not rely solely on the existing procedures. Nonetheless, it still brings the perpetrators to court in order to achieve justice and problem-solving, particularly for the victims who suffer the most (suffer).10 In the context of restorative justice, a settlement process is one of the proposed 6 Varsolo Sunio, ‘Unpacking Justice Issues and Tensions in Transport System Transition Using Multi-Criteria Mapping Method’, Transportation Research Part D: Transport and Environment, 96.May (2021), 102887 https://doi.org/10.1016/j.trd.2021.102887 7 Ward Berenschot and others, ‘Anti-Corporate Activism and Collusion: The Contentious Politics of Palm Oil Expansion in Indonesia’, Geoforum, 131.July 2021 (2022), 39–49 https://doi.org/10.1016/j.geoforum.2022.03.002 8 Ferry Fathurokhman, ‘The Necessity of Restorative Justice on Juvenile Delinquency in Indonesia, Lessons Learned from the Raju and AAL Cases’, Procedia Environmental Sciences, 17 (2013), 967–75 https://doi.org/10.1016/j.proenv.2013.02.115 9 Anushka Singh, ‘Sanction for Prosecution in “Offences Against the State” in India: The Prerogative of the Political and the Withdrawal of the Judicial’, International Journal of Law, Crime and Justice, 69.January (2022), 100531 https://doi.org/10.1016/j.ijlcj.2022.100531 10 Malin and Tanskanen. https://www.jhcls.org/index.php/JHCLS https://doi.org/10.1016/j.trd.2021.102887 https://doi.org/10.1016/j.geoforum.2022.03.002 https://doi.org/10.1016/j.proenv.2013.02.115 https://doi.org/10.1016/j.ijlcj.2022.100531 4 Journal of Human Rights, Culture and Legal System ISSN 2807-2812 Vol. 3, No. 1, March 2023, pp. 1-16 Devi Triasari, et.al, (Mapping Restorative Justice …) solutions.11 Restorative justice is an approach that emphasizes conditions to ensure justice and harmony between criminals and their victims.12 Criminal justice procedures and mechanisms designed to impose sentences are transformed into dialogue and mediation processes in order to reach a consensus on a more equitable and balanced resolution of criminal cases for victims and offenders.13 Restorative justice means restoring justice, but in this context it has a broader meaning than what is commonly known in the criminal justice system as reparations or compensation for victims.14 Research on the settlement of Information and Electronic Transaction crimes has been carried out for a long time. Most consider the settlement of Information and Electronic Transaction crimes from only one perspective, namely with a retributive punishment system, such as research by Hasan Abdul Gani and Andika Wahyudi Gani (2019) and S Saharudin (2018) Which is still based on the ITE Law No.11 of 2008 and Law No.19 of 2016. However, few studies comprehensively establish restorative justice in settlement of criminal information and electronic transactions. Therefore, this research will discuss how restorative justice can be used as an alternative way to overcome the overcapacity of correctional institutions. Looking at previous studies, not much has discussed restorative justice as a model or principle of settlement of criminal information and electronic transactions.15 Based on the context of the aforementioned issues, the problem of law enforcement against crimes utilizing Restorative Justice is intriguing and crucial to investigate in depth because the Restorative Justice approach is a current trend in the criminal justice system. In addition, the author wishes to investigate "The Urgency of Implementing Restorative Justice in Settlement of Information Crimes and Electronic Transactions." The formulation of the problem can be derived from the context of the aforementioned article, namely, what is the urgency of implementing restorative Justice in criminal information and electronic transactions, and what are the barriers to implementing restorative Justice in case handling in electronic information and transactions. 11 Michael C. Gearhart, ‘Social Cohesion, Mutual Efficacy and Informal Social Control: Collective Efficacy and Community-Based Crime Prevention’, International Journal of Law, Crime and Justice, 71.July (2022), 100548 https://doi.org/10.1016/j.ijlcj.2022.100548 12 Khudzaifah Dimyati and others, ‘Indonesia as a Legal Welfare State: A Prophetic- Transcendental Basis’, Heliyon, 7.8 (2021), e07865 https://doi.org/10.1016/j.heliyon.2021.e07865 13 Rini Astuti and others, ‘Making Illegality Visible: The Governance Dilemmas Created by Visualising Illegal Palm Oil Plantations in Central Kalimantan, Indonesia’, Land Use Policy, 114 (2022), 105942 https://doi.org/10.1016/j.landusepol.2021.105942 14 Phuong Ngoc Pham, Patrick Vinck, and Harvey M. Weinstein, ‘Human Rights, Transitional Justice, Public Health and Social Reconstruction’, Social Science and Medicine, 70.1 (2010), 98–105 https://doi.org/10.1016/j.socscimed.2009.09.039 15 Darren McCauley and Raphael Heffron, ‘Just Transition: Integrating Climate, Energy and Environmental Justice’, Energy Policy, 119.April (2018), 1–7 https://doi.org/10.1016/j.enpol.2018.04.014 https://www.jhcls.org/index.php/JHCLS https://doi.org/10.1016/j.ijlcj.2022.100548 https://doi.org/10.1016/j.heliyon.2021.e07865 https://doi.org/10.1016/j.landusepol.2021.105942 https://doi.org/10.1016/j.socscimed.2009.09.039 https://doi.org/10.1016/j.enpol.2018.04.014 ISSN 2807-2812 Journal of Human Rights, Culture and Legal System 5 Vol. 3, No. 1, March 2023, pp. 1-16 Devi Triasari, et.al, (Mapping Restorative Justice …) 2. Research Method The research method used by researchers in this paper is the Normative Law research method. Normative Legal Research is legal research conducted by examining library materials or secondary data.16 The secondary data is from laws and regulations, reference books, and previous studies.17 The approach used is the statutory and case approach. The statutory approach examines all laws and regulations related to the legal issues being handled.18 A case approach studies cases related to the issues at hand that have become court decisions that have permanent force. This approach is used to look at cases of ITE crimes that are still happening today so that solutions can be found based on the National Police Circular Number: SE/2/11/2021 concerning Ethical Cultural Awareness by prioritizing the concept of Restorative justice.19 3. Results and Discussion The Urgency of Implementing Restorative Justice Indonesia adheres to a retributive punishment system, namely a criminal justice system with a focus on sentencing as a form of retribution for the perpetrator's actions and as a means of preventing similar crimes. In Indonesia, however, the system of retributive punishment does not play a significant role in reducing crime. There may be as many as 35,044 repeat offenders by 2020, or approximately 12.96%.20 The concept of restorative justice concerns the accountability of perpetrators to victims, their families, and their surroundings which are carried out in out-of-court proceedings. One form of case that Restorative Justice can resolve is the crime of ITE.21 Perpetrators and victims are brought together to express opinions and solve problems by prioritizing deliberation to reach a 16 Mohammad Jamin and Abdul Kadir Jaelani, ‘Legal Protection of Indigenous Community in Protected Forest Areas Based Forest City’, Bestuur, 10.2 (2022), 198–212 https://doi.org/https://dx.doi.org/10.20961/bestuur.v10i2.66090 17 Fitri Nur, Aini Prasetyo, and Abdul Kadir Jaelani, ‘The Changing of Environmental Approval Administrative Law Perspective’, Journal of Human Rights, Culture and Legal System, 2.3 (2022), 191– 208 https://doi.org/https://doi.org/10.53955/jhcls.v2i3.55 18 Taufik Hidayat, Resti Dian, and Suviwat Jenvitchuwong, ‘Disharmonization of Supreme Court Regulations in Material Judicial Rights’, Journal of Human Rights, Culture and Legal System, 2.3 (2022), 149–66 https://doi.org/https://doi.org/10.53955/jhcls.v2i3.34 19 Rian Saputra, M Zaid, and Silaas Oghenemaro, ‘The Court Online Content Moderation : A Constitutional Framework’, Journal of Human Rights, Culture and Legal System, 2.3 (2022), 139–48 https://doi.org/https://doi.org/10.53955/jhcls.v2i3.54 20 Theresia B. Sumarno, Parulian Sihotang, and Widhyawan Prawiraatmadja, ‘Exploring Indonesia’s Energy Policy Failures through the JUST Framework’, Energy Policy, 164.March (2022), 112914 https://doi.org/10.1016/j.enpol.2022.112914 21 Ritesh Shah and Mieke Lopes Cardozo, ‘Education and Social Change in Post-Conflict and Post-Disaster Aceh, Indonesia’, International Journal of Educational Development, 38 (2014), 2–12 https://doi.org/10.1016/j.ijedudev.2014.06.005 https://www.jhcls.org/index.php/JHCLS https://doi.org/https:/dx.doi.org/10.20961/bestuur.v10i2.66090 https://doi.org/https:/doi.org/10.53955/jhcls.v2i3.55 https://doi.org/https:/doi.org/10.53955/jhcls.v2i3.34 https://doi.org/https:/doi.org/10.53955/jhcls.v2i3.54 https://doi.org/10.1016/j.enpol.2022.112914 https://doi.org/10.1016/j.ijedudev.2014.06.005 6 Journal of Human Rights, Culture and Legal System ISSN 2807-2812 Vol. 3, No. 1, March 2023, pp. 1-16 Devi Triasari, et.al, (Mapping Restorative Justice …) consensus in the digital era like today.22 Many cases involving Law no. 19 of 2016 concerning Information and Electronic Transactions (UU ITE), such as defamation, SARA issues, and divisive issues. Graph 1. Cyber Crime Cases January-November 2021 Source: Data from the Directorate of Cyber Crime Based on this reality, law enforcers in Indonesia make discretion regarding Restorative justice where the regulation regulates deliberative policies for consensus in settlement of ITE crimes. The National Police issued a discretion in the form of a Police Circular Number: SE/2/11/2021 concerning Ethical Cultural Awareness to create a clean, healthy, and productive Indonesian digital space as explained in a circular letter, the National Police have the principle that criminal law settlement is the last solution in law enforcement and must prioritize restorative justice in every case regarding alleged violations of Information and Electronic Transactions.23 In addition, the National Police also explained that the victim wanted the case to be brought to court. However, the suspect was aware and apologized, so the suspect could not be detained. Before the file was submitted to the public prosecutor, the victim and perpetrator were given room for discussion again.24 The Attorney General also issued a discretion in the form of the Attorney General's Regulation of the Republic of Indonesia Number 15 of 2020 concerning Termination of Prosecution Based on Restorative Justice which discusses the 22 Jatau T. Sharon, Emuze A. Fidelis, and Smallwood J. John, ‘A Comparative Study of Management Safety Justice in Sub-Sahara Africa’, Safety Science, 155.July (2022), 105891 https://doi.org/10.1016/j.ssci.2022.105891 23 Elisabeth Kramer and Claudia Stoicescu, ‘An Uphill Battle: A Case Example of Government Policy and Activist Dissent on the Death Penalty for Drug-Related Offences in Indonesia’, International Journal of Drug Policy, 92 (2021), 103265 https://doi.org/10.1016/j.drugpo.2021.103265 24 Dirham Dirhamsyah, Saiful Umam, and Zainal Arifin, ‘Maritime Law Enforcement: Indonesia’s Experience against Illegal Fishing’, Ocean and Coastal Management, 229.July (2022), 106304 https://doi.org/10.1016/j.ocecoaman.2022.106304 1.743 1.295 390 292 209 189 160 131 0 200 400 600 800 1.000 1.200 1.400 1.600 1.800 2.000 https://www.jhcls.org/index.php/JHCLS https://doi.org/10.1016/j.ssci.2022.105891 https://doi.org/10.1016/j.drugpo.2021.103265 https://doi.org/10.1016/j.ocecoaman.2022.106304 ISSN 2807-2812 Journal of Human Rights, Culture and Legal System 7 Vol. 3, No. 1, March 2023, pp. 1-16 Devi Triasari, et.al, (Mapping Restorative Justice …) renewal of the criminal justice system with a model of solving criminal cases that prioritizes restorative justice which emphasizes restoring the situation and balancing the protection and interests of the victim. For perpetrators of ITE crimes, law enforcement is carried out without being oriented toward revenge.25 However, some of these policies required proper implementation. This is evident in the case of I Gede Ari Astina, also known as Jerinx SID and assigned the case number 796/Pid.Sus/2021/PN Jkt.Pst. Jerinx's accusations against Adam Deni initiated the Jerinx case. Jerinx apologized and admitted his actions during mediation, and Adam Deni forgave him. Jerinx, accompanied by his attorney Gde Manik Yogiartha, pleaded with the victim for peace, but the legal proceedings continue. Based on the Central Jakarta District Court's Case Tracing Information System (SIPP), Jerinx was sentenced to imprisonment for one fine of Rp. 25.000.000,- (Twenty-five million rupiah). 26 This is contrary to the National Police Circular Letter Number: SE/2/11/2021 and the Attorney General's Office of the Republic of Indonesia Number 15 of 2020, which state that the victim desires that his case be brought before a judge. However, the suspect is conscious and apologizes, so detention cannot be carried out.27 The final solution in law enforcement is the principle of criminal law settlement, which prioritizes restorative justice, which focuses on restoring the situation and balancing the protection and interests of victims in criminal information and electronic transactions. Restorative justice has not been widely implemented in cases of ITE crimes in Indonesia, as evidenced by the large number of convictions for ITE crimes, such as the following.28 Table 1 Cases of Criminal Offenses Against ITE No Decision Number Name District Court Article charged Type Verdict 1 828/Pid.Sus/20 20/PN Dps Jerinx SID Denpasar, Bali Articles 27 and 28 of the ITE. Defamation of the Indonesian Doctors Association Imprisonme nt for 14 months and a fine of IDR 10 million, a 25 Andrzej Geise and Nurul Bariyah, ‘Impact of Institutional Determinants on Income Inequalities in Indonesia during the Era Reformasi’, Journal of Asian Economics, 82.November 2021 (2022), 0–1 https://doi.org/10.1016/j.asieco.2022.101526 26 Luca Tacconi, Rafael J. Rodrigues, and Ahmad Maryudi, ‘Law Enforcement and Deforestation: Lessons for Indonesia from Brazil’, Forest Policy and Economics, 108.June (2019), 101943 https://doi.org/10.1016/j.forpol.2019.05.029 27 Jahyun Chun, ‘Enforced Reconciliation without Justice: The Absence of Procedural, Retributive, and Restorative Justice in the “Comfort Women” Agreement of 2015’, Asian Journal of Social Science, 49.2 (2021), 84–92 https://doi.org/10.1016/j.ajss.2020.09.001 28 Mairon G. Bastos Lima, ‘Just Transition towards a Bioeconomy: Four Dimensions in Brazil, India and Indonesia’, Forest Policy and Economics, 136.January (2022), 102684 https://doi.org/10.1016/j.forpol.2021.102684 https://www.jhcls.org/index.php/JHCLS https://doi.org/10.1016/j.asieco.2022.101526 https://doi.org/10.1016/j.forpol.2019.05.029 https://doi.org/10.1016/j.ajss.2020.09.001 https://doi.org/10.1016/j.forpol.2021.102684 8 Journal of Human Rights, Culture and Legal System ISSN 2807-2812 Vol. 3, No. 1, March 2023, pp. 1-16 Devi Triasari, et.al, (Mapping Restorative Justice …) or IDI. subsidiary of one month in prison 2 46/Pid.Sus/202 1/PN Plp Muhammad Asrul(Jurnalis) Palopo, South Sulawesi Article 27 paragraph 3 of the ITE. Defamation imprisonmen t for 3 months 3 49/Pid.Sus/202 0/PN Lbo Farid Kiba Alias Farid Limboto Article 45 Paragraph (3) Jo Article 27 Paragraph (3) RI Law No. 19 of 2016 concerning changes to Law no. 11 of 2008 concerning ITE Defamation Imprisonme nt for 4 (four) months 4 1327/Pid.Sus/2 019/PN Jkt.Sel Pablo Putra Benua South Jakarta Article 27 paragraph (1), paragraph 3 Juncto Article 45 paragraph (1) of the ITE Law, Article 310, and Article 311 of the Criminal Code. Defamation Imprisonme nt for 1 year and 8 months 5 1327/Pid.Sus/2 019/PN Jkt.Sel Rayie Utami Alias Rey Utami South Jakarta Article 27 paragraph (1), paragraph 3 Juncto Article 45 paragraph (1) of the ITE Law, Article 310, and Article 311 of the Criminal Code. Defamation Imprisonme nt for 1 year 4 months 6 1327/Pid.Sus/2 019/PN Jkt.Sel Galih Ginanjar Saputra South Jakarta Article 27 paragraph (1), paragraph 3 Juncto Article 45 paragraph (1) of the ITE Law, Article 310, and Article 311 of the Criminal Code. Defamation Imprisonme nt for 2 years and 4 months Source: Supreme Court Decision Directory Data The data shows that there are still many cases of criminal prosecution of ITE crimes after the issuance of the National Police Circular Number: SE/2/11/2021 and the Prosecutor's Office Regulation of the Republic of Indonesia Number 15 of 2020 concerning Termination of Prosecution Based on Restorative Justice. This shows https://www.jhcls.org/index.php/JHCLS ISSN 2807-2812 Journal of Human Rights, Culture and Legal System 9 Vol. 3, No. 1, March 2023, pp. 1-16 Devi Triasari, et.al, (Mapping Restorative Justice …) the urgency of revising the ITE Law to protect people's rights, not public order.29 There are many cases of abuse of articles in the ITE Law, for example, in the treason article. As of December 2021, 26 people in Maluku and Papua have been detained on treason charges for peacefully expressing their opinions. Freedom of opinion can also be silenced under the ITE Law. For example, around seven students from Sebelas Maret University (UNS), Solo, were arrested by the police and taken to the Solo Police Headquarters after unfurling several posters when Jokowi passed in front of the UNS campus. The restorative justice approach already exists in the criminal justice system according to customary law in force in various countries, including Indonesia.30 The customary law in Indonesia prioritizes solving problems by deliberation to reach a consensus. Even though this method is traditional and old-fashioned, it can solve the problem of punishment in Indonesia. Apart from that, the implementation of restorative justice in Indonesia can also reduce the problem of overcrowding in prisons which is a severe problem, by emphasizing the efficiency of Correctional Institutions (Lapas). According to data from the Directorate General of Corrections of the Ministry of Law and Human Rights of the Republic of Indonesia (Kemenkumham) as of 12 September 2021, the capacity of prisons in 33 Regional Offices (LKkanwil) is for 134,835 thousand people. However, the number of residents reaches 271,007 people.31 This means that there is an overcapacity of 136,173 prison inmates, or double the total (101%). (Kusnandar, 2021) Moreover, with the rise of ITE crime cases, especially in DKI Jakarta, even though the data obtained from the Ministry of Law and Human Rights, excess prisons also occur in DKI Jakarta prisons with an overcapacity of 198.71%. The capacity of prisons in the capital city is 5,992 people, but it has a population of 17,899 people.32 In addition to alleviating the problem of overcrowding in Correctional Institutions, the urgency of implementing a Restorative justice approach in resolving ITE crimes is to expedite the accountability of perpetrators to victims using Indonesian customary law, namely deliberation for consensus.33 In addition, National Police Circular Letter Number: SE/2/11/2021 on Ethical Cultural 29 Hwian Christianto, ‘Measuring Cyber Pornography Based on Indonesian Living Law: A Study of Current Law Finding Method’, International Journal of Law, Crime and Justice, 60.October 2017 (2020), 100348 https://doi.org/10.1016/j.ijlcj.2019.100348 30 Leonid Lichman and others, ‘Principle of Reasonableness in International Standards of Civil Proceedings’, International Journal of Law, Crime and Justice, 69.January (2022), 100529 https://doi.org/10.1016/j.ijlcj.2022.100529 31 Easton. 32 Garth den Heyer, ‘Evidence-Based Policing: A Review of Its Adoption and Use by Police Agencies in the United States of America’, International Journal of Law, Crime and Justice, 69.September 2021 (2022), 100532 https://doi.org/10.1016/j.ijlcj.2022.100532 33 Jonathan Hobson and Brian Payne, ‘Building Restorative Justice Services: Considerations on Top-down and Bottom-up Approaches’, International Journal of Law, Crime and Justice, 71.September (2022), 100555 https://doi.org/10.1016/j.ijlcj.2022.100555 https://www.jhcls.org/index.php/JHCLS https://doi.org/10.1016/j.ijlcj.2019.100348 https://doi.org/10.1016/j.ijlcj.2022.100529 https://doi.org/10.1016/j.ijlcj.2022.100532 https://doi.org/10.1016/j.ijlcj.2022.100555 10 Journal of Human Rights, Culture and Legal System ISSN 2807-2812 Vol. 3, No. 1, March 2023, pp. 1-16 Devi Triasari, et.al, (Mapping Restorative Justice …) Awareness aims to create a clean, healthy, and productive Indonesian digital space, and the Republic of Indonesia Prosecutor's Office Regulation Number 15 of 2020 on Termination of Prosecution Based on Restorative Justice has the principle that settlement criminal law is the final solution in law enforcement by prioritizing restorative justice, which emphasizes restorative justice.34 The Mapping Restorative Justice in Information and Electronic Transaction Criminal Regulation Implementing restorative justice in Information and Electronic Transaction (ITE) crimes in Indonesia still encounters many obstacles. Many factors can become obstacles in implementing restorative justice, including the following. First, there often needs to be an agreement. In restorative justice, an agreement between parties is the main thing that determines the success of this method. However, in practice, agreements are often only reached by some parties. This can be caused because the perpetrator feels innocent about his actions.35 The admission of guilt from the perpetrators of crimes is a prerequisite for restorative justice. With a confession from the person who committed the crime, the desired method of solving the problem will be more straightforward. Accepting and acknowledging mistakes is part of an effort to accept responsibility for the actions committed. In restorative justice, the perpetrator must be fully responsive so that the perpetrator is expected to realize his mistake. It is expected that victims will receive appropriate compensation that has been mutually agreed upon with the perpetrators in order to compensate for losses and alleviate suffering.36 It turns out that this problematic agreement can also be caused by the victim being challenging to consult. This happens because of a lack of understanding, and the victim only wants to defend his opinion. This case makes it difficult for investigators to find loopholes to apply restorative justice methods.37 One of the essential concepts in restorative justice is deliberation. In resolving disputes, the restorative justice method is based on consensus deliberation in which the parties are asked to compromise to reach an agreement. In this case, the main elements of 34 Jan Maarten Elbers and others, ‘The Effects of Reward Systems in Prison: A Systematic Review’, International Journal of Law, Crime and Justice, 71.July (2022), 100556 https://doi.org/10.1016/j.ijlcj.2022.100556 35 Tun Xu, Ling Tang, and Xifen Lin, ‘The Predictors of Decisions to Grant Parole in China: Evidence from Four Prisons in Z Province’, International Journal of Law, Crime and Justice, 71.1954 (2022), 100557 https://doi.org/10.1016/j.ijlcj.2022.100557 36 Tamara Walsh, Eashwar Alagappan, and Lucy Cornwell, ‘Coroners’ Perspectives on Deaths in Custody in Australia’, International Journal of Law, Crime and Justice, 71.January (2022), 100558 https://doi.org/10.1016/j.ijlcj.2022.100558 37 Bencan Li and Junxia Liu, ‘Research of Corporate Compliance in China: Review and Reflections’, International Journal of Law, Crime and Justice, 71.August (2022), 100559 https://doi.org/10.1016/j.ijlcj.2022.100559 https://www.jhcls.org/index.php/JHCLS https://doi.org/10.1016/j.ijlcj.2022.100556 https://doi.org/10.1016/j.ijlcj.2022.100557 https://doi.org/10.1016/j.ijlcj.2022.100558 https://doi.org/10.1016/j.ijlcj.2022.100559 ISSN 2807-2812 Journal of Human Rights, Culture and Legal System 11 Vol. 3, No. 1, March 2023, pp. 1-16 Devi Triasari, et.al, (Mapping Restorative Justice …) restorative justice are the willingness and participation of victims, perpetrators, and society in improving crimes that have occurred.38 The second, the community has not received restorative justice. Some people in the community have not received restorative justice, hindering the application of this method to ITE crimes. Society considers this method a new thing. Actually the concept of restorative justice is a form of customary law that has long ago developed in Indonesian society.39 In addition, because they are used to the retributive justice method, there is a view from the public that they are worried that this method could cause the victim's family to feel like retaliating for what the perpetrator had done. This is because the victim feels that restorative justice will only release the perpetrator from responsibility for his actions.40 The government needs to hold further outreach to the public regarding restorative justice. This is done so that the opposing views of the community towards this method can be reduced. In addition, the community also needs to be invited to participate in settlement of ITE crimes that are being carried out using this method. Participation from the community will make it easier for them to understand the fundamental concepts contained in the restorative justice method.41 Thirdly, law enforcement officers continue to be accustomed to retributive justice. Each law enforcement officer, such as investigators, prosecutors, and judges, has frequently divergent opinions, which is one of the obstacles to implementing restorative justice in ITE crimes. This method of restorative justice requires further coordination from the law enforcement officers who will handle the case in order to be effective. To date, law enforcement officials have adhered to positivism, focusing solely on written rules. On the other hand, law enforcement officers are frequently stuck in their old way of thinking and continue to employ a retributive justice approach. This is another factor that inhibits the application of restorative justice to ITE crimes.42 Fourth, the legal factor of restorative justice. The National Police Circular Letter Number: SE/2/11/2021 concerning Ethical Cultural Awareness to Create a Clean, Healthy, and Productive Indonesian Digital Space, mandates that in cases involving alleged violations of the ITE Law, settlement of criminal law is the final 38 Hock and Dávid-Barrett. 39 Marc Salat, ‘Human Trafficking in Spain: A Quantitative Case-Law Analysis’, International Journal of Law, Crime and Justice, 71.February (2022), 100561 https://doi.org/10.1016/j.ijlcj.2022.100561 40 Jian Zhang, Ke Li, and Yang Feng, ‘Criminal Sanctions on Identity Theft in Shanghai: An Empirical Case Law Analysis’, International Journal of Law, Crime and Justice, 71.51 (2022), 1–13 https://doi.org/10.1016/j.ijlcj.2022.100562 41 Sufyan Droubi, Raphael J. Heffron, and Darren McCauley, ‘A Critical Review of Energy Democracy: A Failure to Deliver Justice?’, Energy Research and Social Science, 86.December 2021 (2022), 102444 https://doi.org/10.1016/j.erss.2021.102444 42 Siti Nurbayani, Moh Dede, and Millary Agung Widiawaty, ‘Utilizing Library Repository for Sexual Harassment Study in Indonesia: A Systematic Literature Review’, Heliyon, 8.8 (2022), e10194 https://doi.org/10.1016/j.heliyon.2022.e10194 https://www.jhcls.org/index.php/JHCLS https://doi.org/10.1016/j.ijlcj.2022.100561 https://doi.org/10.1016/j.ijlcj.2022.100562 https://doi.org/10.1016/j.erss.2021.102444 https://doi.org/10.1016/j.heliyon.2022.e10194 12 Journal of Human Rights, Culture and Legal System ISSN 2807-2812 Vol. 3, No. 1, March 2023, pp. 1-16 Devi Triasari, et.al, (Mapping Restorative Justice …) solution in law enforcement and must prioritize restorative justice.43 However, law enforcers who have yet to implement this have yet to receive sanctions or punishments. This resulted in the need to consider including the rules for implementing restorative justice into the law. Later it is hoped that this law will regulate restorative justice in more detail, clearly, and strictly.44 4. Conclusion Based on the preceding discussion, the following conclusion can be drawn: First, the urgency of implementing restorative justice in the ITE case stems from the overcrowding of correctional institutions and the need to streamline the accountability of perpetrators to victims using the deliberation method to reach a consensus. Second, it turns out that the application of restorative justice in ITE cases faces many obstacles, including the fact that there is frequently no agreement, the community has not received restorative justice, law enforcement officers are still accustomed to retributive justice, and the legal aspects of this method. References Astuti, Rini, Michelle Ann Miller, Andrew McGregor, M. 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