The Rector of Universitas Indonesia (UI), Prof. Dr. Ir. Heri Hermansyah, S.T., M.Eng., IPU, inaugurated Prof. Dr. Eva Achjani Zulfa, S.H., M.H. as a Permanent Professor in the Field of Sanctions Law and Restorative Justice, Faculty of Law (FH) UI, on Wednesday, December 18, at the UI Depok Campus Convention Hall. She was appointed as the 44th professor inaugurated this year out of a total of 468 UI professors, after delivering a scientific oration titled “Restorative Justice: Gerakan Sosial Masyarakat Global dalam Upaya Memulihkan Keadilan” (Restorative Justice: A Global Community Social Movement in an Effort to Restore Justice).
In her speech, Prof. Eva said that the restorative justice movement which emerged more than half a century ago, has become a central topic for the future of criminal law and the criminal justice system. In recent years, this concept has become a topic of debate about how society responds to juvenile and juvenile delinquency, as well as conflicts that occur in schools, neighborhoods, and workplaces. In fact, this concept is discussed in discussions about handling domestic or serious crimes, such as narcotics, corruption, gross human rights violations, and terrorism.
According to her, many authors have noted hundreds of schemes developed by academics, law enforcers, and policy makers around the world to adapt this restorative in the justice system scheme. This global social movement has great internal diversity because each country, region, or community group has its own characteristics of the types of social conflicts that occur and different approaches.
However, views on the presence of the restorative justice movement are not always considered positive. There is much reluctance from the community, law enforcers, and even academics regarding the birth of this movement as an alternative solution to problems in society, especially related to criminal acts. In fact, the goal of the restorative justice movement is to change the way contemporary society views and responds to crime or other deviant behavior.
“Restorative justice is a flexible system and a tailor-made approach to justice. This means that this is an ‘open’ concept that continues to be developed in finding a mechanism for handling criminal cases, including the qualification of criminal acts and their handling models. The transformative potential of its application in various cases will indeed surprise many parties, especially in the types and qualifications of criminal acts that were previously unthinkable,” said Prof. Eva.
Restorative justice is reminiscent of criticism of the criminal justice system which is considered too procedural. Procedural justice in criminal justice practice is considered too focused on legal procedures, not on achieving justice that satisfies the parties concerned. In this case, the restorative justice movement seeks to replace the justice system, criminal sanctions, and the implementation of criminal penalties based on community-based reparative justice and more humane and moral social control.
Prof. Eva ensures that restorative justice will continue to undergo transformation along with the development of the modus operandi, crime models, and developments in how to handle them. The new Criminal Code, namely Law No. 1 of 2023, has paved the way for law enforcers to be able to formulate the right sanction model for perpetrators of criminal acts by referring to the objectives of restorative justice-based punishment. Unfortunately, the renewal of the Criminal Procedure Code which can provide space for a restorative justice-based criminal case handling model is still homework.
“Restorative justice is the answer to resolving legal cases that are fair and can increase social cohesion. We who build Indonesia Emas through strengthening institutions, law enforcement, restoring justice and peace, not only contribute to the nation and state, but also help the world become better, as mandated by the Preamble to the 1945 Constitution to maintain world order. Therefore, restorative justice is the key to social justice and cohesion for all Indonesian people,” said Prof. Eva.
Prof. Eva’s research on Restorative Justice shows her expertise in the field. Previously, she also conducted research on other topics, including Unveiling Indonesia’s Migration and Border Governance: Challenges and Imperatives Post-Pandemic (2024); Fatwa Institutions in Handling Religious Blasphemy Crimes in Indonesia and Malaysia (2024); The Use of Physical Strength in Children’s Education: Learning from Indonesian Court’s Judgments (2024); and Reversal Burden of Proof in the Process of Proving Money Laundering Cases in Indonesia (2023).
Before obtaining her professorship, Prof. Eva graduated from UI with a Bachelor of Law program in 1995, a Master of Law in 2002, and a Doctor of Law in 2009. Currently, she serves as Deputy Director of the School of Strategic and Global Studies (SKSG) UI. She also served as Secretary of the FHUI Postgraduate Program in 2016–2017, and Head of the Police Science Study Program SKSG UI in 2017–2018.