Transforming Criminal Justice System through Restorative Justice Approach in the New National Criminal Code

Universitas Jenderal Soedirman, Purwokerto, Indonesia

^* Corresponding author: This email address is being protected from spambots. You need JavaScript enabled to view it.

Abstract

The reform of national criminal law, marked by the enactment of the new Indonesian Criminal Code (Kitab Undang-Undang Hukum Pidana or KUHP), represents a fundamental transformation of Indonesia's criminal justice system. One of the key aspects of the new Criminal Code is the formal recognition of restorative justice as an alternative mechanism for resolving criminal cases. This shift reflects a broader transition from a retributive model of punishment to a more humane, inclusive, and recovery-oriented approach. This study employs a non-doctrinal legal research method. The findings indicate that the new KUHP accommodates restorative justice principles through the formulation of penal objectives, judicial considerations in sentencing, and the possibility of terminating prosecution in the interest of justice. The implementation of restorative justice still faces structural and cultural challenges, therefore regulatory support through implementing provisions and capacity-building for legal actors is essential to realize a more inclusive and justice-based criminal justice transformation.