The Existence of Restorative Justice in the National Criminal Code as a Form of Indonesian Criminal Law Reform

The purpose of this study is to determine the urgency of the establishment of Law Number 1 of 2023 concerning the Criminal Code and the Existence of Resotrative Justice in the National Criminal Code. This research uses normative research methods with conceptual and legislative approaches. The results showed that the regulation of restorative justice in the National Criminal Code is a form of criminal law reform in Indonesia. The urgency of the establishment of the National Criminal Code is based on the fact that the Criminal Code is irrelevant and not derived from the basic juridical, sociological and philosophical values that live in Indonesian society. The existence of restorative justice concept in the National Criminal Code has shown the existence of a legal reform towards criminal law in Indonesia, which initially aimed at retribution (retributive) changed into a restorative punishment system aimed at restoring the relationship between the victim and the perpetrator. This relationship can be restored based on mutual agreement between the victim/victim's family and the perpetrator.

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Publication Details

Journal
Syiah Kuala Law Journal
Published
2025-09-15
DOI
https://doi.org/10.24815/sklj.v9i2.45551
Primary Topic
Indonesian Legal and Regulatory Studies
Type
article
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article

The Existence of Restorative Justice in the National Criminal Code as a Form of Indonesian Criminal Law Reform

Ni Gusti Agung Ayu Mas Tri Wulandari, Iman Permana
Syiah Kuala Law Journal
Indonesian Legal and Regulatory Studies
article

The Existence of Restorative Justice in the National Criminal Code as a Form of Indonesian Criminal Law Reform

Ni Gusti Agung Ayu Mas Tri Wulandari, Iman Permana
article en

Abstract

The purpose of this study is to determine the urgency of the establishment of Law Number 1 of 2023 concerning the Criminal Code and the Existence of Resotrative Justice in the National Criminal Code. This research uses normative research methods with conceptual and legislative approaches. The results showed that the regulation of restorative justice in the National Criminal Code is a form of criminal law reform in Indonesia. The urgency of the establishment of the National Criminal Code is based on the fact that the Criminal Code is irrelevant and not derived from the basic juridical, sociological and philosophical values that live in Indonesian society. The existence of restorative justice concept in the National Criminal Code has shown the existence of a legal reform towards criminal law in Indonesia, which initially aimed at retribution (retributive) changed into a restorative punishment system aimed at restoring the relationship between the victim and the perpetrator. This relationship can be restored based on mutual agreement between the victim/victim's family and the perpetrator.

Syiah Kuala Law JournalVol. 9(2)
University of National Education (ID)
Openalex Percentile: Top 66%
Indonesian Legal and Regulatory Studies
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