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February 5, 20260 citations

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

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QFQurotul 'Aini Septi Farida

Key Points

  • This research aims to explore how the new Indonesian Criminal Code incorporates restorative justice principles into the criminal justice system.
  • Employed non-doctrinal legal research methodology
  • Analyzed the new Indonesian Criminal Code's provisions
  • Examined judicial considerations for sentencing
  • Assessed challenges to restorative justice implementation
  • The new Criminal Code recognizes restorative justice as a valid resolution mechanism
  • Penal objectives reflect restorative justice principles
  • Judicial considerations allow for terminating prosecution in certain cases
  • Confronts structural and cultural challenges to effective implementation

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.

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Qurotul 'Aini Septi Farida (2025) studied this question.

synapsesocial.com/papers/698433baf1d9ada3c1fb11fahttps://doi.org/10.1051/shsconf/202522103004/pdf
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