The Implementation of Restorative Justice in the Criminal Justice System Under the New Criminal Code

Abstract

The reform of criminal law in Indonesia through Law Number 1 of 2023 concerning the Criminal Code introduces a new paradigm in the criminal justice system by emphasizing a more humane, proportional, and restorative approach. The conventional retributive model, which focuses primarily on punishment, is considered insufficient to address the needs of victims, perpetrators, and society, particularly regarding recovery of losses, conflict resolution, and restoration of social harmony. This study aims to examine the implementation of restorative justice within the criminal justice system under the new Criminal Code and identify the challenges faced in its application. This research employed a normative juridical method using statutory and conceptual approaches. Data were obtained through the analysis of primary legal materials, including laws and regulations, as well as secondary legal materials such as legal literature, journals, and expert opinions. The data were analyzed qualitatively through descriptive-analytical methods to examine legal norms and their relevance to restorative justice principles. The results indicate that restorative justice is reflected in various provisions of the new Criminal Code, including sentencing objectives, judicial pardon, alternative sanctions, and mechanisms for resolving cases outside judicial proceedings. However, its implementation still faces challenges, including regulatory harmonization, victim protection, potential abuse of discretion, limited understanding among law enforcement officials, and differences in community perceptions. The study concludes that restorative justice has significant potential to strengthen Indonesia’s criminal justice system, but its effectiveness requires consistent regulations, institutional supervision, competent law enforcement resources, and protection of victims’ rights.