The Paradox of Implementing Restorative Justice at the Investigation Stage: A Systematic Weakening of Sentence Enhancement for Repeat Offenders

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Systematic analysis reveals restorative justice diminishes enforcement against repeat offenders, indicating urgent regulatory reforms are needed.

Key findings suggest the implementation of restorative justice at the investigation stage undermines sentence enhancement for repeat offenders.
Regulation defining recidivism as linked only to court judgments creates a loophole, allowing repeat offenders to be treated as first-time offenders.
Juridical-normative and juridical-empirical approaches reveal inconsistencies between legal texts and their practical application in law enforcement.
Reconstruction of policies to integrate restorative records into the criminal justice system is critical for maintaining public protection and legal certainty.

Adiningsih et al. (2025) studied this question.

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Systematic analysis reveals restorative justice diminishes enforcement against repeat offenders, indicating urgent regulatory reforms are needed.