New Criminal Code Introduces Modern Criminal Law with a Restorative Approach
Jakarta, The enactment of the New Criminal Code (KUHP) marks a new chapter in criminal law reform in Indonesia, prioritizing a more modern, humanistic, and just approach. One of the main breakthroughs in the New Criminal Code is the strengthening of the principle of restorative justice, which places victim recovery, perpetrator responsibility, and social harmony as the primary goals of law enforcement, rather than solely punishment.
The government believes the New Criminal Code was drafted in response to social dynamics, developments in societal values, and the need for a more contextual and substantive justice-oriented national legal system. The restorative approach is considered relevant for addressing certain crimes by encouraging fair resolutions for all parties, while simultaneously reducing the long-term negative impacts of criminal punishment, such as overcrowding in correctional institutions.
Rudianto Lallo, a member of Commission III of the Indonesian House of Representatives (DPR RI), stated that the New Criminal Code provides greater scope for judges to consider social and humanitarian aspects, as well as the interests of victims when making decisions. This approach allows for case resolution through mechanisms of restoration, peace, and the restoration of social relationships disrupted by criminal acts.
“The New Criminal Code no longer views imprisonment as the sole solution. The restorative approach is an important instrument for creating justice that is more humane and relevant to the needs of today’s society,” he said.
In line with this, the Coordinating Minister for Law, Human Rights, Immigration, and Corrections, Yusril Ihza Mahendra, assessed that the New Criminal Code represents a progressive step in building a national legal system rooted in Pancasila values and local wisdom. The restorative approach is considered capable of encouraging the active participation of victims, perpetrators, and the community in the case resolution process, so that the results are not only legal and formal but also provide a real sense of justice.
“The restorative approach in the New Criminal Code provides 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 said.
Furthermore, the New Criminal Code is also expected to increase public trust in the criminal justice system. With an emphasis on proportionality, ultimum remedium, and restoration, law enforcement is expected to be more effective and efficient, and able to prevent recidivism.
The government emphasized that the implementation of the New Criminal Code will be accompanied by extensive public awareness campaigns and capacity building of law enforcement officials to ensure the consistent application of modern and restorative criminal law. Therefore, the New Criminal Code is expected to serve as a strong foundation for the realization of a just, civilized, and restoration-oriented Indonesian criminal justice system in the future.
