Implications of The Implementation of Law Number 1 of 2023 Concerning The Criminal Code (New KUHP) on Restorative Justice Practices in Indonesia

Abstract

The enactment of Law Number 1 of 2023 concerning the Criminal Code (New Criminal Code) marks a new chapter in the Indonesian penal system, opening up space for a restorative justice approach as an alternative to retributive punishment. This paradigm shift reflects the state's efforts to create a legal system that is more humane, just, and responsive to the needs of both victims and perpetrators. This study uses a normative juridical approach by examining the consistency of norms in the New Criminal Code and their synchronization with sectoral regulations such as National Police Regulation No. 8 of 2021 and Attorney General's Circular Letter No. 15 of 2020. The aim is to assess the extent to which the implementation of restorative justice can strengthen the principles of justice, expediency, and legal certainty in criminal justice practice. The results show that although the New Criminal Code has provided a progressive normative foundation, its effective implementation still faces various challenges, particularly in institutional aspects, the capacity of law enforcement officers, and the risk of disparity in implementation in the field. Therefore, implementation reforms are needed in the form of establishing national SOPs, integrated training, and a continuous monitoring and evaluation system so that the implementation of restorative justice truly functions as an instrument of substantive justice in Indonesian criminal law.