Restorative Justice in the New Criminal Code in Indonesia: A Prophetic Legal Study

Abstract

The existence of Law No. 1 of 2023 concerning the Criminal Code (UU KUHP) as the new Criminal Code (KUHP) in Indonesia seeks to apply the legal ideals of Restorative justice is one of the concepts substantively constructed in the newly ratified Criminal Code. This study aims to analyze the existence and implications of restorative justice after ratifying the Draft Criminal Code (RKHUP) as a law. This research is normative legal research with statutory and conceptual approaches. The results of the study confirm that the existence of the concept of restorative justice from a prophetic law perspective fulfills the three fundamental values of prophetic law, namely: divinity, humanity, and justice. So, that the application of restorative justice in a prophetic law perspective strengthens the substance of the legal state of Indonesia as a nation-state based on the Godhead. Almighty. The implications of restorative justice after the ratification of the RKUHP became the Criminal Code Law in the perspective of prophetic law; that is, the substance of restorative justice has been facilitated in the Criminal Code Law and is spread across various articles. One of the affirmations in the Criminal Code Law is that punishment must not demean human dignity, which means protecting human dignity is God's commandment and a person who ignores the dignity of fellow human beings is a person who transgresses limits. Thus, who can conclude that the substance of restorative justice facilitated in the Criminal Code Act is relevant to prophetic law.

Implementasi Ide Keseimbangan Monodualistik Dalam Undang-Undang Nomor 1 Tahun 2023 Tentang Kitab Undang-Undang Hukum Pidana

“…Penelitian berfokus implikasi bahwa KUHP 2023 tidak hanya menguatkan struktur hukum Indonesia, tetapi juga memperkuat martabat manusia dan peran hukum dalam menjaga keadilan sosial. 10 Penelitian mengeksplorasi integrasi budaya hukum Indonesia dalam KUHP baru. Fokus penelitian ini adalah bahwa KUHP baru secara substantif memasukkan aspek budaya hukum Indonesia, termasuk hukum adat dan keadilan korektif, mencerminkan upaya untuk menyesuaikan hukum pidana dengan kearifan lokal dan nilai-nilai komunitas.…”

The Role of the Indonesian National Police in Implementing Restorative Justice in Cases of Traffic Accidents Resulting in Injuries (A Study in the North Sumatra Regional Police)

“…Punishment is only seen as a simple step because criminal resolution requires a complex approach that integrates the interests of the community, victims, and perpetrators of crime. Restorative justice existed before the Criminal Code Law (Flora, 2022), as reflected in the internal policies of legal institutions such as the Circular Letter of the Chief of Police regarding Case Handling through Alternative Dispute Resolution, the Supreme Court Regulation on Adjustments for Minor Criminal Offenses in the Criminal Code Law, and other regulations. However, its main weakness lies in the potential inconsistency of restorative justice regulations among legal institutions, which could create legal uncertainty in society due to differences in approaches between one institution and another.…”

“…However, its main weakness lies in the potential inconsistency of restorative justice regulations among legal institutions, which could create legal uncertainty in society due to differences in approaches between one institution and another. Article 51 of the Indonesian Penal Code (called KUHP) contains the substance of restorative justice by emphasizing the objectives of punishment involving the enforcement of legal norms, community protection, rehabilitation of prisoners, maintaining balance and peace in society, as well as fostering remorse in offenders to prevent the recurrence of criminal acts (Flora, 2022). Article 52 asserts that punishment must respect human dignity and must not violate humanitarian principles.…”