Reconstruction of Restorative Justice Regulations Within the Indonesian Penal System Post-Law No. 1 of 2023

This study analyzes the integration of Restorative Justice principles within Indonesia's new Criminal Code (KUHP). The enactment of Indonesia's new Criminal Code (KUHP) represents a significant advancement in accommodating Restorative Justice principles. This approach prioritizes social harmony, offender rehabilitation, and victim rights as alternative resolutions. This normative legal study utilizes primary, secondary, and tertiary legal materials. The study finds that the new KUHP integrates Restorative Justice through provisions such as Article 51, which redefines the purpose of sentencing to emphasize offender education and rehabilitation aligned with ethical values, and Article 52, which reinforces the importance of human dignity. Furthermore, Article 132 supports extra-judicial resolutions by nullifying prosecutorial authority when such resolutions are achieved. Thus, the incorporation of Restorative Justice in the new KUHP lays a crucial foundation for a more equitable, inclusive, and humane criminal justice system.

Authors

Publication Details

Journal
Peradaban Journal of Law and Society
Published
2024-12-25
DOI
https://doi.org/10.59001/pjls.v3i2.241
Primary Topic
Indonesian Legal and Regulatory Studies
Type
article
Field-Weighted Citation Impact
0.00

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article

Reconstruction of Restorative Justice Regulations Within the Indonesian Penal System Post-Law No. 1 of 2023

Padlah RIYADI
Peradaban Journal of Law and Society
Indonesian Legal and Regulatory Studies
article

Reconstruction of Restorative Justice Regulations Within the Indonesian Penal System Post-Law No. 1 of 2023

Padlah RIYADI
article en

Abstract

This study analyzes the integration of Restorative Justice principles within Indonesia's new Criminal Code (KUHP). The enactment of Indonesia's new Criminal Code (KUHP) represents a significant advancement in accommodating Restorative Justice principles. This approach prioritizes social harmony, offender rehabilitation, and victim rights as alternative resolutions. This normative legal study utilizes primary, secondary, and tertiary legal materials. The study finds that the new KUHP integrates Restorative Justice through provisions such as Article 51, which redefines the purpose of sentencing to emphasize offender education and rehabilitation aligned with ethical values, and Article 52, which reinforces the importance of human dignity. Furthermore, Article 132 supports extra-judicial resolutions by nullifying prosecutorial authority when such resolutions are achieved. Thus, the incorporation of Restorative Justice in the new KUHP lays a crucial foundation for a more equitable, inclusive, and humane criminal justice system.

Peradaban Journal of Law and SocietyVol. 3(2)
Justice Programme
Openalex Percentile: Top 59%
Indonesian Legal and Regulatory Studies
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Reconstruction of Restorative Justice Regulations Within the Indonesian Penal System Post-Law No. 1 of 2023 — Padlah RIYADI · Peradaban Journal of Law and Society (2024) | TGRS Research Map | TGRS