Rekonstruksi Makna Perjanjian dalam E-Commerce: Analisis Yuridis terhadap Perjanjian Baku dalam Perspektif Hukum Perdata Indonesia

Abstract

This study is motivated by the growing criticism of the retributive paradigm of punishment, which is considered insufficient in addressing victims’ needs and restoring social relationships damaged by crime. In this context, restorative justice emerges as an alternative approach emphasizing dialogue, acknowledgment of wrongdoing, and reparation as central elements of dispute resolution. In Indonesia, this approach has been institutionalized through various law enforcement policies, yet it still faces challenges such as potential pressure on victims, power imbalances, and the absence of a comprehensive regulatory framework. This research employs a normative legal method with a legal-philosophical approach and analysis of statutory regulations. It utilizes primary, secondary, and tertiary legal materials through library research to examine the position of restorative justice within the modern criminal justice system and to compare it with the retributive paradigm. The findings indicate that restorative justice better reflects humanistic values and has the potential to strengthen the legitimacy of the criminal justice system. However, without clear regulation and strict oversight, it may lead to legal uncertainty and potential misuse, thus requiring careful integration within the national legal framework.