RESTORATIVE JUSTICE WITHIN THE INDONESIAN CRIMINAL JUSTICE SYSTEM FOLLOWING THE ENACTMENT OF THE CRIMINAL PROCEDURE CODE

Abstract

Restorative Justice was only regulated under Law Number 1 of 2026 concerning the Criminal Procedure Code, under the term "restorative justice." Article 88 of the Criminal Procedure Code stipulates that further provisions concerning the implementation of the Restorative Justice mechanism shall be regulated by a Government Regulation. However, to date, the relevant implementing regulation has not yet been enacted. As a result, Law Enforcement Officers, in applying the restorative justice mechanism, rely on varying and inconsistent regulations. The purpose of this research is to examine, analyze, and formulate the essential nature of restorative justice that ought to be applied in Indonesia, the regulation of restorative justice within Indonesia's criminal justice system, and the formulation of statutory provisions on restorative justice in the termination of case proceedings within Indonesia's criminal justice system. The research method employed in this study is normative juridical research, namely legal research conducted through the examination of library materials (literature review). This research adopts conceptual, statutory, and comparative approaches. The data for this research were collected from secondary data comprising primary, secondary, and tertiary legal materials. The collected data were analyzed qualitatively through prescriptive analysis. The findings indicate that the essential nature of restorative justice that ought to be applied in Indonesia is one that prioritizes the restoration of relationships among victims, offenders, victims' families, and the community. The regulation of restorative justice within Indonesia's criminal justice system is provided for under the Criminal Procedure Code; however, no implementing regulation (Government Regulation) currently exists to provide clearer and more detailed provisions on restorative justice as mandated by the Criminal Procedure Code. The formulation of statutory provisions on restorative justice in the termination of criminal case proceedings within Indonesia's criminal justice system encompasses the material, psychological, and social dimensions of victim recovery. Recovery is understood not merely as financial restitution, but also as encompassing psychological, social, and relational dimensions.