Initiating Non-Litigation Arbitration In Indonesia From A Restorative Justice Perspective Based On Progressive Law (Genealogical, Historical And Transformational)

Abstract

In the development of legal systems, law is not merely a set of normative instruments but also a human-centered construct that must be interpreted through ethical and philosophical lenses. This article explores the integration of restorative justice into non-litigation arbitration as a reflection of the progressive law paradigm, which emphasizes the humanization of legal processes. Specifically, the study seeks to reconceptualize arbitration not only as a procedural mechanism but also as a transformative approach rooted in genealogical, historical, and philosophical dimensions. Employing a qualitative descriptive methodology, the research combines normative legal analysis with socio-legal perspectives. Literature and content analyses are used to trace the historical and theoretical development of both arbitration and restorative justice, with the aim of offering a framework for their convergence. This approach challenges the conventional boundary that restricts restorative justice to criminal law, extending its application to civil and commercial disputes through arbitration mechanisms. Findings suggest that integrating restorative justice into non-litigation arbitration provides a more inclusive, dialogic, and equitable path to dispute resolution. It allows for reconciliation and mutual agreement outside courtrooms, aligning with the ideals of justice as envisioned by progressive legal theorists such as Satjipto Rahardjo. This synthesis not only expands the functional scope of restorative justice but also revitalizes arbitration as a humane and socially responsive legal alternative in Indonesia.