The Position and Implementation of Restorative Justice Following the Enactment of the 2025 Criminal Procedure Code

Panggabean, Jhon Sahap Edward and Panggabean, Mompang L. and Tehupeiory, Aartje (2026) The Position and Implementation of Restorative Justice Following the Enactment of the 2025 Criminal Procedure Code. Journal of Law and Social Politics, 4 (4). pp. 621-630. ISSN 2988-6740

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Abstract

Background: Restorative justice has moved from sectoral institutional policies toward statutory recognition in Indonesia’s 2025 Criminal Procedure Code (KUHAP). Objective: This study analyzes the normative legal position of restorative justice following its statutory recognition and maps its relationship with sectoral regulations governing the police, prosecution, and judiciary. Methods: This normative legal research employs statutory and conceptual approaches, examining primary legal materials, secondary legal scholarship, and relevant tertiary materials through legal interpretation and comparative normative mapping. Results: The KUHAP provides a statutory framework for restorative justice across procedural stages and strengthens its normative legal basis. However, the continuing operation of sectoral instruments requires harmonization concerning institutional authority, eligibility criteria, victim consent, procedural stages, termination mechanisms, and legal consequences. Conclusion: The statutory recognition of restorative justice establishes a stronger normative foundation, but it does not, by itself, demonstrate uniform legal certainty or consistency of outcomes in practice. Effective implementation depends on harmonized technical regulations and consistent institutional interpretation.

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