Tri Hita Karana as a Restorative Justice Model: A Case Study of Decision No. 247/PID.B/2009/PN.Pwt

Abstract

This study aims to examine the concept of Tri Hita Karana 
(THK) as a restorative justice model within Indonesia's criminal 
justice system through an analysis of Court Decision No. 
247/Pid.B/2009/PN.Pwt concerning the case of Grandmother 
Minah. Using normative legal research with a case approach and 
a conceptual approach, this study analyses how THK may serve 
as a philosophical foundation for restorative justice and explores 
the implications of integrating its values into legal regulations 
and law enforcement practices in resolving minor criminal 
offences involving vulnerable groups. The findings indicate that 
the judicial decision in Grandmother Minah's case reflects a 
predominantly formalistic and retributive approach that fails to 
fully achieve substantive justice. In contrast, the principles of 
Parahyangan, Pawongan, and Palemahan embodied in THK 
promote reconciliation, social harmony, and the restoration of 
relationships, which are consistent with the objectives of 
restorative justice. This study argues that integrating THK into 
Indonesia's criminal justice system may encourage a paradigm 
shift from punitive law enforcement toward restorative justice 
while strengthening legal protection for vulnerable communities. 
Accordingly, THK offers a culturally grounded philosophical 
framework that can contribute to future criminal law reform in 
Indonesia.