Jakarta – The implementation of the new Criminal Code (KUHP) marks a new chapter in Indonesia’s criminal law reform by emphasizing a more modern, humane, and just approach. One of the key breakthroughs of the new KUHP is the strengthening of restorative justice principles, which place victim recovery, offender accountability, and social harmony as the primary objectives of law enforcement, rather than punishment alone.
The government views the new KUHP as a response to social dynamics, evolving societal values, and the need for a national legal system that is more contextual and oriented toward substantive justice. The restorative approach is considered relevant for addressing certain criminal offenses by encouraging fair resolutions for all parties, while also reducing the negative long-term impacts of imprisonment, such as prison overcrowding.
Member of the House of Representatives (DPR RI) Commission III, Rudianto Lallo, stated that the new KUHP provides broader discretion for judges to consider social and humanitarian aspects, as well as the interests of victims, when handing down verdicts. This approach allows cases to be resolved through mechanisms of restoration, reconciliation, and the rebuilding of social relations disrupted by criminal acts.
“The new KUHP no longer views imprisonment as the sole solution. The restorative approach has become an important instrument in creating justice that is more humane and relevant to the needs of today’s society,” he said.
In line with this, Coordinating Minister for Legal Affairs, Human Rights, Immigration, and Corrections, Yusril Ihza Mahendra, assessed that the new KUHP represents a progressive step in building a national legal system rooted in Pancasila values and local wisdom. The restorative approach is seen as capable of encouraging active participation from victims, offenders, and the community in the case resolution process, ensuring outcomes that are not merely legal-formal, but also deliver a genuine sense of justice.
“The restorative approach in the new KUHP serves as a bridge between legal certainty and social justice. This is important so that the law does not merely punish, but also heals the social wounds caused by criminal acts,” he stated.
In addition, the new KUHP is expected to enhance public trust in the criminal justice system. With an emphasis on proportionality, the principle of ultimum remedium, and restoration, law enforcement is expected to become more effective and efficient, while also helping to prevent recidivism.
The government has emphasized that the implementation of the new KUHP will be accompanied by extensive public outreach and the strengthening of law enforcement capacity, so that the spirit of modern and restorative criminal law can be applied consistently. In this way, the new KUHP is expected to serve as a strong foundation for the realization of a fair, civilized, and recovery-oriented criminal justice system in Indonesia in the future.
