By: Andhika Utama)*
The reform of the national criminal law system has again found its momentum through the preparation of the Draft Law on the Criminal Procedure Code (RUU KUHAP) which is currently being drafted by the government and the DPR. This bill is not only a technical update to the old KUHAP which has been in effect since 1981, but is also a serious effort to update the paradigm of criminal law in Indonesia to be more adaptive to social dynamics, substantive justice, and protection of human rights. One of the important highlights in this bill is the emphasis on the principle of restorative justice as an integral part of the criminal justice system.
Commission III of the Indonesian House of Representatives emphasized the importance of including a restorative justice approach in the Draft Law on Criminal Procedure (RUU KUHAP). This was conveyed by the Deputy Chairperson of Commission III of the Indonesian House of Representatives, Sari Yuliati during a Specific Working Visit to the Special Region of Yogyakarta Province which was held to gather input from work partners and academics.
Restorative justice is an approach that focuses on restoring conditions and social relationships resulting from criminal acts, not solely on punishing the perpetrator. This approach prioritizes dialogue between the perpetrator, victim, and community to find a fair solution and restore the losses incurred. In the new Criminal Procedure Code Bill, this principle has begun to gain a clear and systematic place, thus potentially shifting the retributive mindset that has dominated criminal justice practices in Indonesia.
One of the reasons for the adoption of restorative justice in the Criminal Procedure Code Bill is the high caseload in judicial institutions and correctional institutions. Many minor criminal cases, such as petty theft, minor assault, or family conflicts, can actually be resolved peacefully and fairly without having to go through a long and costly legal process. Through the restorative justice mechanism, the case resolution process can be carried out outside the court while still upholding the principles of justice, transparency, and victim participation.
In the draft Criminal Procedure Code Bill, restorative justice is placed as an alternative in the investigation and prosecution stages, especially for criminal acts that meet certain criteria such as minor losses, no serious malicious intent (mens rea), and the willingness of both parties to reconcile. In this way, law enforcement officers such as investigators and prosecutors are given the authority to facilitate mediation between victims and perpetrators. If a legally ratified peace agreement is reached, the criminal process can be stopped. This is in line with the principle of judicial efficiency and protection of victims’ rights, which have often been ignored in formal legal processes.
The principle of restorative justice in the Criminal Procedure Code Bill also pays great attention to community participation. In the mediation process, the involvement of community leaders, families, and social institutions is an important aspect in rebuilding social relations damaged by criminal acts. This is very relevant in the context of Indonesian society which has strong communal values and a tradition of resolving disputes through deliberation. Thus, justice is not only formal and legalistic, but also reflects the values of social justice that live in society.
However, the implementation of restorative justice is certainly not without challenges. One of them is the issue of the consistency of law enforcement officers in implementing this principle objectively and accountably. There is concern that the restorative mechanism could be misused as a means of compromise that is detrimental to victims, especially in cases involving domestic violence, sexual harassment, or crimes involving power and inequality of relations. Therefore, strengthening clear regulations, strict monitoring mechanisms, and increasing the capacity of law enforcement officers and mediators are absolute prerequisites so that restorative justice does not become a shortcut to impunity.
Furthermore, the integration of the principle of restorative justice in the Criminal Procedure Code Bill must be accompanied by improvements to the legal system as a whole. This includes updating the legal education curriculum, training for law enforcement officers, and building support systems such as victim service centers, criminal mediation institutions, and restorative case databases. Only with a systemic and comprehensive approach can the principle of restorative justice be implemented consistently and have a real impact on society.
Attorney General, ST Burhanuddin said that the Criminal Procedure Code Bill is also expected to be able to guarantee the principles of fair trials, recognition of human rights over criminal acts, strict supervision of prosecutors’ efforts, access to legal aid, as well as the principle of an independent judiciary and the principle of effective legal recovery/efforts.
Steps by the government and the DPR to include the principlep in the RUU KUHAP deserves to be appreciated as a form of progressiveness of national criminal law. Amidst the demands of society for more humane and recovery-oriented justice, restorative justice has become a relevant and solution-oriented alternative. It not only offers efficiency in resolving cases, but also restores the rights and dignity of victims, fosters awareness of perpetrators, and maintains disturbed social harmony.
Thus, the RUU KUHAP is not just a legal document, but a reflection of a paradigm shift in viewing crime and punishment. Crime is no longer viewed as a violation of the state alone, but as a violation of relations between individuals and communities. Therefore, its resolution must also be oriented towards recovery, not merely legal revenge. If restorative justice is truly implemented fairly and transparently, then the future of the Indonesian criminal justice system will be more inclusive, responsive, and just for all parties.
)* Public Policy Observer