The Criminal Procedure Code Bill Responsive to the Principle of Restorative Justice
By: Farhan Naratama
The government continues to demonstrate a serious commitment to renewing the national legal system through the preparation of the Draft Law on the Criminal Procedure Code (RUU KUHAP). One important aspect that is of concern in the preparation of this regulation is the strengthening of the principle of restorative justice as a legal approach that is more oriented towards the restoration and balance of rights between victims, perpetrators, and the community. In the new KUHAP, this approach is no longer administrative or merely an institutional policy, but is given a normative place in the form of binding legal provisions.
The importance of accommodating restorative justice in the criminal procedure law system has been recognized as an urgent need. So far, the practice of implementing restorative justice has often depended on various sectoral regulations such as the Attorney General’s Regulation, the Chief of Police Regulation, or regulations under the Juvenile Criminal Justice System Law. The absence of a strong legal basis in the old KUHAP makes this approach vulnerable to unilateral interpretation and inconsistency in its implementation.
The Criminal Procedure Code Bill then came to fill this gap, by making the restorative justice mechanism an integral part of the legal process starting from the investigation stage to the trial. In fact, this approach is also expected to be a solution in reducing the density of correctional institutions which has been a classic problem in the national criminal justice system.
This commitment has received appreciation from various stakeholders. The Indonesian Prosecutor’s Commission through the Chairman of the Indonesian Prosecutor’s Commission, Pujiyono Suwandi, assessed that the explicit inclusion of the restorative justice principle in the Criminal Procedure Code Bill shows the state’s bias towards justice seekers. This step is considered an answer to the community’s need for a legal system that not only focuses on punishment, but also on restoring social relations damaged by crime. So far, the limitations of the main regulations have made the restorative approach more incidental and does not cover the entire spectrum of criminal cases, especially in minor cases that can actually be resolved with a more humane approach.
Chairman of Commission III of the Indonesian House of Representatives, Habiburokhman, explained that in the draft of the Criminal Procedure Code Bill, the mechanism for resolving cases with a restorative approach is placed in a special chapter. This reflects the direction of legal policy that no longer solely prioritizes punishment, but also provides space for reconciliation, rehabilitation, and restitution of losses experienced by victims. This also answers criticism of the conventional criminal justice system which tends to be repressive and does not provide space for dialogue and peaceful resolution between the parties involved.
Deputy Chairman of Commission III of the Indonesian House of Representatives, Ahmad Sahroni, views that the explicit regulation of restorative justice in the Criminal Procedure Code Bill will change the paradigm of Indonesian criminal law. He sees that criminal procedure law in the future will no longer function only as a state tool to impose punishment, but as a means of social reconciliation that is more just and humane. Moreover, with clear regulations, law enforcement officers have firmer legal guidance in implementing this principle, thereby reducing disparities and subjectivity in handling cases.
In the context of technical implementation, recognition of restorative justice in the new Criminal Procedure Code provides legal certainty that has not been found in the old Criminal Procedure Code. Without recognition in the law, various efforts to resolve cases outside the courts are often questioned as to their legality, even though their substance brings significant social benefits.
Therefore, this legislative step is an important step that will strengthen the effectiveness of law enforcement as a whole. To ensure optimal implementation, synergy across law enforcement agencies and ongoing training are needed so that officers understand the philosophy and procedures for its implementation correctly and proportionally.
The presence of the principle of restorative justice in the Criminal Procedure Code Bill also reflects the character of modern law. In various developed countries, this approach has long been used to resolve various forms of legal violations more efficiently and fairly. This more dialogical approach allows perpetrators to be held accountable for their actions directly in front of the victim, while the victim gains recognition of the suffering they have experienced. This concept reduces the burden on the courts, speeds up the legal process, and reduces the risk of excessive criminalization of minor violations.
