Criminal Policy in the Perspective of Restorative Justice: A Study on the Reform of the Indonesian Penal Code (KUHP)
RIZQI KAMAL, 121010008 and ZELFI GHAFFAR, 000000010 and TRIANA JUSTITIA, 000000209 (2024) Criminal Policy in the Perspective of Restorative Justice: A Study on the Reform of the Indonesian Penal Code (KUHP). ANN PUBLISHER, 2 (1): 2. pp. 178-190. ISSN 2406-8450
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Abstract
The reform of Indonesia’s Criminal Code (KUHP) marks a paradigm shift in criminal policy from a retributive approach to a more humane and restorative model. This article aims to examine how restorative justice principles are accommodated in the new KUHP and their implications for the national criminal justice system. Using normative juridical research methods with statutory and conceptual approaches, this study analyzes provisions in the KUHP that allow for non-litigation settlement of criminal cases, particularly in minor offenses, juvenile crimes, and complaint-based offenses (delik aduan). The findings show that the new KUHP begins to integrate restorative justice through mechanisms such as diversion and deliberation-based resolution. However, implementation still faces structural, cultural, and institutional challenges. The article recommends strengthening implementing regulations, enhancing the capacity of law enforcement officers, and increasing community participation to realize a justice system that is fair and responsive to human values.
Keywords: criminal policy, KUHP, restorative justice, penal reform, criminal justice system.
| Item Type: | Article |
|---|---|
| Subjects: | K Law > K Law (General) |
| Divisions: | Fakultas Hukum |
| Depositing User: | Rizqi Kamal Sari |
| Date Deposited: | 02 Jun 2025 04:29 |
| Last Modified: | 02 Jun 2025 04:31 |
| URI: | https://eprints.ugj.ac.id/id/eprint/995 |
