DAMPAK PEMBERLAKUAN PASAL 132 UNDANG-UNDANG NOMOR 1 TAHUN 2023 TENTANG KITAB UNDANG-UNDANG HUKUM PIDANA TERHADAP IMPLEMENTASI RESTORATIVE JUSTICE OLEH KEJAKSAAN

Abstract

Restorative Justice is an alternative dispute resolution method outside of the judicial process often used in the criminal justice system. This approach focuses on restoring relationships between the offender, the victim, and the community affected by the crime. However, in Indonesia, the application of Restorative Justice is only regulated by provisions that are not formal laws. This raises serious legal issues. Article 132, paragraph (2), letter g of Law No. 1 of 2023 of the Indonesian Criminal Code (KUHP), which will take effect in 2026, stipulates that prosecution authority is nullified if there is an out-of-court settlement as regulated by law. Given that Restorative Justice currently lacks a legal basis in the form of a law, this implies that resolutions achieved through Restorative Justice cannot be considered a valid reason to nullify prosecution. In other words, even if Restorative Justice has been implemented, public prosecutors must still proceed with the prosecution. This situation reflects a misalignment between progressive legal practices and the existing legal framework, which can hinder the implementation of Restorative Justice. Without formal recognition in the law, Restorative Justice may lose its effectiveness as an alternative criminal dispute resolution method. Therefore, there is an urgent need for legal reform that recognizes and integrates Restorative Justice into the criminal justice system more comprehensively. Without these changes, efforts to achieve restorative justice and the rehabilitation of offenders, as well as the recovery for victims and the community, may not be optimally realized.